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Town
of Clay
Approved
Planning Board Minutes
March 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 March, 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
Doug Wickman C&S Engineers
David Balcer Town Planner
Mark Territo Commissioner of Planning and Development
Gloria Wetmore Planning Board Secretary
Minutes of Previous Meeting
A motion was made by Allen Kovac, seconded by James Sharpe to approve the minutes of the previous meeting.
Motion Passed 6-0
Public Hearings:
2008-12-5 Walrus LLC, Special Permit Advisory Referral (Gasoline Service Station) – corner of Henry Clay Blvd. & NYS Route 31 (Nice N Easy)
2008-12-6 Walrus LLC, Special Permit Advisory Referral- Drive-thru service (for bank teller) – corner of Henry Clay Blvd. & NYS Route 31.
2008-12-7 Walrus LLC (3), Site Plan – corner of Henry Clay Blvd. & NYS Route 31 (Nice N Easy) (Adjourned from 1 previous meeting)
Chairman Lepkowski said that he would open all 3 hearings at this time.
Jim Hagan, Architect, was present for Walrus LLC. Mr. Hagan asked the Board to Adjourn the Site Plan for tonight, (Case #2008-12-7). Mr. Hagan stated that they are continuing to work with NYS DOT as per request of the Board before the Site Plan can go any further.
Mr. Hagan began with the Special Permit for the Nice N Easy gas pumps. The proposed gas station will be an 8-pump facility that will be covered by a canopy. The roof style would be gable with architectural shingles and reverse gable in the front and will be illuminated to 23 footcandles under the canopy. This site may also utilize solar and wind turbine power as an energy source for the site. The pumps will be located in front of the store, which will have an all-glass front to allow for a clear view from inside the store. There will be cameras for additional security. The gas pumps will be double-walled as per DEC specifications, and fire suppression will be built into the canopy. There will be a 32-foot driving aisle, as well as one 45-foot aisle to accommodate trailers, boats, etc. The store and gas station will be open 24 hours a day.
The bank is a 2,800 Sq.Ft. building, with 3 drive-thru lanes and plenty of stacking room for cars waiting in line. There will be a canopy over the drive-thru/ATM area. Evergreens will be planted to buffer the lights that could shine onto neighboring properties.
The Chairman asked if the traffic study was complete. Mr. Hagan stated that he spoke to Mr. Washburn from NYS DOT, and they will allow a right in, right out access from Route 31. As soon as the traffic study is complete, he will forward a copy to the State. The Chairman asked if also send a .pdf file of this study to Commissioner Territo, and Mr. Hagan stated that he would.
Mr. Henty mentioned that at the last Town Board meeting, Mr. Edick made a point that he would like to see the drive-thru on the opposite side as what is currently being proposed to minimize lights shining onto adjacent properties, considering the 24-hour nature of the operation. Mr. Hagan stated that there are a few reasons, mainly that drive-thru’s are designed to operate in a counter-clockwise direction to line up with the drivers-side window. If the location had to be changed as suggested, we would end up with stacking in the middle of the site. Additionally, there is 190 feet from the property line to the ATM. The owner also agrees that the current configuration is the proper placement of the drive-thru.
Town resident Christina asked why the applicant couldn’t flip the whole layout to be situated on the west side of the parcel thus cutting down on the lights shining into the neighboring properties. Mr. Hagan stated that the prime frontage is on Route 31, and this would not make economic sense to the prospective tenants.
Mr. Hagan asked if the Board would make their recommendation to the Town Board tonight, and the Chairman stated they were not ready at this time, as the issue of traffic has not been resolved. It is possible that should the applicant get the traffic study to the Board, they may be able to make a recommendation at the next meeting.
A motion was made by James Sharpe, seconded by John Dougherty to adjourn all 3 Public Hearing to March 25, 2009.
Motion Passed 6-0
2009-1-1 Richard F. Christiana, Zone Change Recommendation O-1 to NC-1- 7924 Oswego Road.
Dr. Christiana, applicant, appeared before the Board to describe his zone change proposal. He stated that he recently moved his office to this location. He purchased this property with the impression that the second building located on it could be used to rent out as a salon. The building in question is a garage, approximately 870 Sq.Ft. The Chairman noted that this site is located next to Purcell’s paint store. The applicant explained that there were tenants previously located in this garage building, and no change in zoning was required for them. He also pointed out that there will not be any traffic concerns as the site is 2 acres. Scott Chatfield asked for the current zoning, and it is currently zoned O-1, Neighborhood Office. The applicant wants to put in a business such as a salon, Mr. Henty questioned if there is enough parking to support a second business on this parcel. David Balcer, Town Planner, stated that would be enough parking to meet the zoning code requirements. The Chairman stated that the east side of Oswego Rd. was primarily zoned office, and the west side contains more commercial.
Mr. Kovac asked if there was enough parking, and the applicant stated that they could fit 32 spaces. Mr. Kovac is also concerned about future use since there are many other uses that could go in with the requested zoning.
Ms. Guinup asked if anyone in the Planning Department has looked at a plot plan of this site, and how much of it buildable. Mr. Territo stated they had, and much of the parcel would not be buildable due to the Highway Overlay setback requirement. When asked what the size of the current building is, the applicant stated that it is just under 2000 Sq.Ft., and the maximum allowable in the NC-1 zoning district is 5000 Sq.Ft. She also questioned if there are problems with drainage/wetlands, and there were none to the knowledge of the applicant.
The Chairman listed some of the allowable uses in the NC-1 zoning district: retail use under 5000 Sq.Ft., personal service use, office, bank/credit union, medical office, and instruction facility.
The Chairman closed the public hearing and asked the Board if they wanted to make a recommendation today, or wait until a later date.
Ms. Guinup stated that she would feel more comfortable waiting until a later date. The Chairman stated the Board would wait until a later date to make a recommendation.
2009-1-2 Estate of Donald Alt, Zone Change Recommendation R-2F to R-APT– 8079 Stearns Road.
John Hall, Esq. appeared on behalf of the applicant. Mr. Hall passed out an information packet to the Board. He stated that Mr. Alt purchased the property in 1981 as a 3-family unit, and it has been utilized this way since that time. The tax bills from 1995 to the present reflect that the Town has taxed the property this way. Currently, the estate wishes to sell the property, and they have entered into a contract to sell it as a 3-family dwelling. Mr. Hall went on to say that they received a letter from the Town that the property is not in compliance with the Town Zoning Code, and they hope to remedy this situation. Mr. Hall stated that the applicant would be willing to file a restrictive covenant stating that the parcel could not be used for anything more than a 3-unit dwelling. He also reminded the Board that this parcel could be subdivided without the zone change, and two more 2-unit dwellings could be added to each parcel.
The Chairman asked if someone was living in the garage space, and John Hall stated there was not. He said there are two apartments on the main floor, and one on the top floor.
Dave Balcer explained that the Planning Department has no permits on file changing this structure to a 2- or 3- family unit, it was never a permitted change. The Fire Marshal explained to Mr. Balcer that a 3-unit building or greater has more stringent building code standards and also puts that structure on the periodic inspection list for compliance.
Mr. Hall stated that he has a contract to sell this property as a 3-family unit and does not think the buyer would buy the property as a 2-family unit. Therefore he is concerned that in this state of the economy, the property may remain vacant for quite some time.The applicant is coming back , awaiting a code review.
A motion was made by Karen Guinup, seconded by James Sharpe to adjourn this Public Hearing to April 8, 2009.
Motion Passed 6-0
2009-1-3 4-Ward Sales LLC, Special Permit Advisory Referral – 4531 NYS Route 31.
2009-1-4 4-Ward Sales LLC (3)Site Plan – 4531 NYS Route 31.
Jim Hagan, Architect for the applicant, was present. Mr. Hagan gave an overview of the proposed business. The tenant will sell off-road utility vehicles, large trucks and vans (commercial only). They will sell and lease these vehicles, however there will be no rentals.
The tenant has already started removing the greenhouses and smaller sheds left by the previous lessee. There is ample parking in front of the building, and gravel parking for the larger commercial vehicles in the back of the site, there would be approximately 6-8 on the lot at any one time, the utility vehicles would be stored inside the building, with some on display outside when opened for business.
Mr. Dougherty asked how many vehicles would be sold weekly, and Mr. Hagan stated that he did not know but thought it would be less than the car dealer at the corner.
Ms. Guinup asked if the vehicles could be driven on the road, and they can not. If they are not motor vehicles, can they be sold in this zoning district? Mr. Territo stated that what they are asking for is allowable in this zoning district by Special Permit.
The Chairman asked Mr. Hagan if he saw the comments from the County regarding the extension of the right-of-way onto Henry Clay. The applicant did address the comments by stating that he feels the comments were based on this entire parcel, and not just the leased area that we are dealing with tonight.
There was a discussion about taking down some of the trees from behind the building to extend the lot. There was also a lengthy discussion about the lease-line for this parcel, and the possibility of the applicant subdividing out this individual parcel so as to avoid having to create a Site Plan for the entire 20+ acre site. Mr. Hagan stated that he did not think the applicant would be able to do this at this time.
Attorney Scott Chatfield spoke on the confusion over how much of the parcel needed the Special Permit, if the Planning Board makes a recommendation to the Town Board they may want to add a sunset provision or a periodic review. This site may need to go through the subdivision process at some point, and it is possible that the Town Board could revoke the Special Permit.
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn both Public Hearings to March 25, 2009.
Motion Passed 6-0
2009-2-2 Willowstream Apartments N II LLC (3) Amended Site Plan- 3774 NYS Route 31.
Brian Bouchard was present for the applicant. The original Site Plan was for a 144-unit apartment building. The applicant wants to increase the current number of units by 36, to make it a 180-unit building. There was some discussion as to recalculating the PDD density figures to compare it to the original, approved PUD plan and to insure that this proposal will not increase it beyond the allowable density.
Scott Chatfield asked Mr. Bouchard if he could get a copy of the original PUD as approved to compare to the PDD regulations of today. He also would like information on how much of the original PUD is still undeveloped.
The Chairman asked Mr. Territo if this referred to the County, and he said it was not as this would have minimal impact.
The Chairman asked if there were any further questions, hearing none a motion was made by Hal Henty, seconded by James Sharpe to adjourn this Public Hearing to March 25, 2009.
Motion Passed 6-0
Old Business: Adjourned Hearings
2007-12-3 Group One Development, LLC (3) Site Plan– Corner of Route 31 & Henry Clay Blvd. (Adjourned from 12 previous meetings)
Chairman Lepkowski adjourned this public hearing to April 8, 2009. A motion was made by John Dougherty seconded by Hal Henty.
Motion Passed 6-0
Old Business: Hearings Closed
NONE
Work Session
NONE
New Business: Signs
Chuck Hafner’s Ice Cream (new location) Buckley Rd. – Permit # 40763
Mr. Chuck Hafner is proposing a 26.68 Sq.Ft. wooden wall sign, it will be lit by low-level flood lighting.
A motion was made by Hal Henty, 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 Hal Henty to adjourn.
Motion Passed 6-0
Meeting adjourned at 10:15 P.M.
Respectfully Submitted.
Gloria Wetmore
Planning
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