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Town
of Clay
Approved
Planning Board Minutes
February 11, 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 11th day of February, 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
Karen Guinup Member
Hal Henty Member
Allen Kovac Member
James Sharpe 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 James Sharpe, seconded by John Dougherty to approve the minutes of the previous meeting.
Karen Guinup abstained as she was absent.
Motion Passed 5-0(1-abstaining)
Public Hearings:
2008-12-7 Walrus LLC (3), Site Plan – corner of Henry Clay Blvd. & NYS Route 31 (Nice N Easy)
Jim Hagen, architect, was present for the applicant. Mr. Hagan began by explaining that the Zone Change to RC-1 (regional commercial) had been granted and they are requesting Site Plan approval at this time. Mr. Hagan provided the Board members with a topographic map, adding that there are currently no plans to develop to the south. The applicant is proposing only one owner/use at this time. The proposed bank and convenience stores will be set back 210’ from Route 31. The convenience store will have 8 gas pumps and meet or exceed all required setbacks. There will be two access drives onto Route 31, one with only right turn out onto Route 31. The applicant further explained that the County Department of Transportation approved this ingress and egress. However the state wishes to review the details. The proposed driveway is wide enough to accommodate delivery vehicles as well as larger vehicles. The discussion turned to the perimeter landscaping strip and if the detention pond can be part of the required 80’ buffer. The Chairman felt that it can not. The Chairman said that this should be shown on the Site Plan. He added that the buffer may need a fence in addition to the trees to provide a barrier to the adjoining residential. He also said that he would like to see the percentage of maximum build out that the applicant is proposing.
Overland stormwater runoff was discussed next. The applicant must also submit a drainage report to the State DOT. The applicant said that they are waiting for comments from C&S engineers adding that they are in contact and working with John Russo of Group One Development regarding the sanitary sewers.
The Chairman said that the Fire Marshall would like to see another hydrant added to the site to serve the proposed development, and the applicant was agreeable.
Mr. Hagen showed photos of the proposed buildings. They will be constructed of brick with a peak at the entrance, arched windows and a flat roof.
Mr. Henty asked if there will be a car wash and the applicant responded that there will not.
After a lengthy discussion about the exterior of the buildings, it was decided that the applicant should make some changes to give more of a residential feel to this commercial development. Mr. Dougherty asked if Nice-N-Easy has other style stores. Mr. Hagen said that they do but this is the standard style. Mr. Dougherty again said that the board is not looking for a standard model, furthermore this will be the first Nice-N-Easy in our town and he would like to see a more upscale design.
Mr. Henty asked about the drainage. The applicant said that he wishes to meet with Ron DeTota to discuss the large pond. The applicant added that the plan was not to dedicate the pond to the town. Mr. DeTota said that it would be his recommendation that the applicant be required to do so.
There was a discussion about the LED digital read out gas price sign. The applicant was advised that LED signs are not allowed per the Town’s sign code.
The Board asked for more information on the bank but the applicant did not have that information at this time. The Chairman said that the Site Plan could not be approved without details on the bank. Mr. Hagan said that the bank exterior would also be constructed of brick, similar to the Nice-N-Easy. Again it was discussed that the proposed building have more of a residential feel.
Ms. Guinup said that she was not satisfied with the traffic pattern, that it could be potentially hazardous. The right in right out needs to be more angled. There was a lengthy discussion about the dangers of crossing Route 31 as well as the stacking of cars. The applicant said that he is meeting with the Onondaga County Department of Transportation on February 12, 2009 and that they will discuss these issues with them.
Mr. Balcer said that the parking spaces do not meet the Town standard of 9’6” wide by 20’ depth. Chairman Lepkowski explained to the applicant that there are many things that need to be addressed prior to Site Plan approval such as the water, drainage and traffic issues. He added that Tim Dickerson of the fire department was concerned with the hairpin turns in regards to the fire apparatus. There was a great deal of discussion about the traffic flow within the parcel as well as the ingress and egress onto Route 31 and Henry Clay Boulevard.
Chairman Lepkowski said that a No Left Turn sign should be shown on the plan. Mr. Henty said that he was firmly against a left turn onto Route 31 until the road is fixed.
The Chairman said that he would keep the Public Hearing open.
A motion was made by James Sharpe, seconded by Allen Kovac to adjourn this Public Hearing to March 11, 2009.
Motion Passed 5-1 (Mr. Henty voted no as he wanted the case adjourned to a later date so that the traffic study of the area is completed.)
Old Business: Adjourned Hearings
2007-12-3 Group One Development, LLC (3) Site Plan– Corner of Route 31 & Henry Clay Blvd. (Adjourned from 11 previous meetings)
The applicant requested an adjournment.
A motion was made by John Dougherty, seconded by James Sharpe to adjourn this Public Hearing to March 11, 2009.
Motion Passed 6-0
2008-8-5 HDL Property LLC (3) Site Plan, 7256 Buckley Road (Walgreens)
(Adjourned from 5 previous meetings)
Hal Romans was present for the applicant.
Mr. Romans stated that the applicant has been granted the variances for the height of the building and increased area of the wall sign. The freestanding monument sign variance was denied.
The other minor changes include grading and draining. Drainage will be accommodated by the construction of a public stormsewer system which will drain to an existing pond on an adjacent property.
The lighting plan is in order.
Chairman Lepkowski said if lot 2 is to be developed: ingress and egress easements will need to be addressed. There was a discussion about the cross easements. Scott Chatfield was in favor of the blanket cross easements that the applicant is proposing, adding that it should be added to the Site Plan.
Chairman Lepkowski added that the Site Plan cannot be approved until the administrative approval of the subdivision has been completed.
The Chairman asked if there were any questions and there were none. He stated that he will leave the Public Hearing open. The Commissioner may administratively approve the subdivision and the easements shall be indicated on the Site Plan.
A motion was made by Hal Henty, seconded by James Sharpe to adjourn this case to February 25, 2009.
Motion Passed 6-0
2008-11-2 Buckley Clay Associates (3) - Site Plan, 4701 Buckley Road (Adjourned from 1 previous meeting)
No one was present.
A motion was made by Allen Kovac, seconded by John Dougherty to adjourn this case to February 25, 2009.
Motion Passed 6-0
2008-12-3 Joseph S. Janowski, 8086 Oswego Road – Special Permit Advisory Referral and Site Plan Referral (Adjourned from 1 previous meeting)
Mr. Janowski began by stating that all of the drainage issues had been resolved, adding that he has been working with Ron DeTota and that the Site Plan has been revised and they are providing the recommended drainage easements.
It was determined that the fencing is not on the applicants property but the existing trees will provide a buffer and screen to the neighboring lots, the applicant said. Mr. Dougherty asked who owns the property that the trees are on. Mr. Janowski did find the survey which showed the trees are on his property. He also said that the trees will not be touched during construction and it is his intent to leave them after the project is completed.
Mr. Chatfield reminded the Board that this was a referral, adding that the Resolution could be Conditional that this plan would only be approvable if and when the Town Board grants a Special Permit.
A motion was made to the Town Board recommending that the Special Use Permit, for a Medical Facility, be granted conditional upon the Site Plan dated 12/14/2008 revised 1/21/2009 with the lighting and landscaping plan dated 1/12/2009; approval.
Motion Passed 6-0
2008-12-4 Donald Grimsley & Grimsley Properties, LLC, 5328 & 5332 W. Taft Road – Zone Change Recommendation, R-10 to O-1 (Adjourned from 1 previous meeting)
Hal Romans was present for the applicant. Mr. Romans spoke with Jim Stelter of the Onondaga County Department of Transportation who said that if they made modifications to the business the County would require one driveway instead of two.
Chairman Lepkowski said that he is concerned that by recommending this Zone Change the Board would be creating another non-conforming lot. There was a long discussion about the non-conformance with regard to this application. John Dougherty said that he felt that this would reduce the level of non-conformity. A lengthy discussion ensued regarding conformity. Mr. Chatfield explained that the real question was “is the zoning appropriate for this parcel?” Karen Guinup added that Taft Road is like Route 57, “in as much as there are several types of businesses including dentists and hairdressers. Our goal on Route 57 is to combine small residential lots into one lot for commercial use.”
A motion was made by John Dougherty, seconded by Hal Henty using standard form #50 Recommending to the Town Board that the proposed zone change from R-10 to O-1 be approved.
Chairman Lepkowski called for a Roll Call, and it went as follows:
Jim Sharpe – Yes; because the area is changing and the land is eventually changing to commercial.
Allen Kovac – Yes; agreed that the zone change is appropriate and that this is a high visibility area appropriate for offices, no longer desirable for residential.
Chairman Lepkowski –No- He said that by allowing this zone change to office, that it will still be a nonconforming use for the residential property and that he would be in favor if a covenant was in place that the structure on lot 25 will not be turned into an office.
Karen Guinup – Yes, stated that she has taken into consideration the comments from the February 9, 2009 letter from the Onondaga County Department of Transportation.
Hal Henty - Yes.
John Dougherty- In favor of recommending a zone change to the Town Board.
Motion Passed 5-1 In favor of this Zone Change, comments to the Town Board.
Old Business: Hearings Closed
NONE
Work Sessions
Woodside Developers, Inc., Woodside Runne – PDD Project Plan Discussion
Hal Romans was present for the applicant. Mr. Romans said that the applicant had made minor modifications by altering the 150’ main driveway. He also said that the property will drain to the south following a natural drainage route but that he will meet with Mr. DeTota to finalize the grading plan.
Mr. Romans said that the County will discuss the possibility of a cross walk with Wegman’s.
Fences will be allowed in the residential areas as long as they are of a good quality natural material and fall within the confines of the code. Chain link fences will not be allowed.
The maximum height of the fencewill be 7’. Storage sheds will be allowed if they match the exterior of the residence. The roof returns will be finished.
The conversation turned to the commercial development. Mr. Romans said that the location of the loading docks will be reviewed.
There was a discussion about pitched or partial pitched roofs. The Chairman said that he was in favor of the pitched roof.
Mr. Romans said that he would like to obtain the preliminary plan approval for the commercial area within the next few weeks. The applicant will return to the next meeting.
Duroshed
Hal Romans was present for the applicant. The applicant is proposing to sell sheds in a parking area of the Clay Commons Shopping Center from April 1 to October 31. There will be some free standing sheds with information.
Mr. Henty asked if there will be signage. Mr. Romans said there will be a small plaque on the sheds. The plaques will indicate the company name, price, and details of the sheds.
Chairman Lepkowski said that he feels that the location would make for an unsafe traffic pattern. He added that, upon the determination from the Commissioner of Planning and Development, the applicant may need to make application to the Zoning Board of Appeals for an Interpretation of the definition of Outdoor Retail Sales, Display and Service.
New Business: Signs
Hobby Lobby- Sign Permit # 40712
The applicant is proposing a 495.18 square foot sign, in addition they wish to rescind the previous approval so that all signs may be processed under one permit.
A motion was made by Hal Henty, seconded by John Dougherty to rescind the sign permit granted to Hobby Lobby on January 28, 2009.
Motion Passed 6-0
A motion was made by Hal Henty, seconded by James Sharpe to approve the refacing of the freestanding 5’ x 8’ sign and the 495.18 square foot wall sign, with the letters saying ‘Hobby Lobby’ being 66” and the letters saying ‘Craft, Floral, etc.’ being 2’ and such sign is located in the RC-1 zoning district.
Motion Passed 6-0
China Garden – Sign Permit #40722, Clay Commons Oswego Road
The applicant is proposing a 24 square foot wall sign in addition to the existing 16 square foot sign in the RC-1 zoning district.
A motion was made by John Dougherty seconded by Hal Henty to approve this sign as presented.
Motion Passed 6-0
MetLife Home– Sign Permit # 40730 Oswego Road
The applicant is proposing to reface the existing 9 square foot free standing sign in the O-2 zoning district.
A motion was made by John Dougherty, seconded by Allen Kovac to approve the sign as presented.
Motion Passed 6-0
ADJOURN MEETING
A motion was made by Allen Kovac, seconded by James Sharpe to adjourn.
Motion Passed 6-0
Meeting adjourned at 11:58 P.M.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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