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                                          Town of Clay
                                Approved
                                  
Planning Board Minutes  
                                                                                                             

                                     March 25, 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 25th 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
                        James Sharpe              Member
                        Scott Chatfield             Planning Board Attorney
                        Ron DeTota                  C&S Engineers 
                        David Balcer                 Town Planner 
                        Mark Territo                  Commissioner of Planning and 
                                                                 Development
                        Gloria Wetmore            Planning Board Secretary

ABSENT:      Allen Kovac                  Member


Minutes of Previous Meeting

A motion was made by Hal Henty, seconded by James Sharpe to approve the minutes of the previous meeting.

Motion Passed 5-0

Public Hearings:

2009-1-6 Gary Bell (3) – Site Plan 7422 Oswego Road

2009-1-7 Gary Bell – Special Permit Advisory Referral, 7422 Oswego Rd.

Chairman Lepkowski opened both hearings.

Gary Bell, the applicant gave a brief overview of the plan. He would like to convert the existing 3200 sq ft building for vehicle repair. There will be no towing service offered.  Mr. Bell explained he would remove the existing addition, and replace it with a 70 X 75 ft Addition. There will be a brick façade and the shingle roof will be replaced by a metal roof.  Chairman Lepkowski asked where would he store the damaged vehicles waiting for an insurance adjuster before repairs can be made. Mr. Bell plans on clearing an area in back to park cars waiting for repair. John Dougherty had some concerns about the buffer along neighboring residential, Mr. Bell explained the current HC-1 zoning requires an 80 ft set back where abutting residential. He pointed out on the site plan that there is 90 ft from the building to the residential. Mr. Bell noted he has 5 other locations. Karen Guinup asked Mr. Bell where the Cicero location was, he stated that it is on Route 11 near the new Target store. Chairman Lepkowski asked if there were any questions, hearing none, the Chairman ask if someone would make a recommendation to the Town Board for the Special Permit.

A motion was made by John Dougherty, seconded by James Sharpe to make a favorable recommendation to the Town Board, as presented

Motion Passed 5-0 

As for the Site Plan, Fire Hydrants need to be shown on the plan. John Dougherty asked the applicant to consider some screening along the residential area.

The Chairman adjourned this public hearing to 4/8/09.A motion was made by John Dougherty, seconded by James Sharpe.

Motion Passed 5-0

Old Business: Adjourned Hearings

2008-7-3 West Taft Road Associates (3), Preliminary Plat – 4820 West Taft Road 
(Adjourned from 7 previous meetings)

Anthony D’Elia, Attorney was present for the applicant.

Mr. D’Elia showed the detention pond, the ingress and egress easement, as well as the proposed easement on the map. He has approval from the State. Ron DeTota informed Mr. D’Elia the Town needs the description for the easement.
The Chairman asked if anyone had any questions. There were none the hearing was closed.

A Motion made by John Dougherty seconded by James Sharpe to move directly to Final Plat.

Motion Passed 5-0

A Motion was made by John Dougherty seconded by Karen Guinup to adopt a resolution using standard form #10 that the Final Plat proposed by West Taft Road Associates be declared a Negitive Declaration for SEQR Determination, 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 5-0

A Motion was made by Karen Guinup seconded by John Dougherty using standard form #40 granting Final Plat approval to West Taft Road Associates based on a map by Lehr Land Surveyors, file number 8-E-126, dated June 19, 2008, with revisions dated March 24, 2009, subject to the following conditions:
1. All Legal and Engineering approvals.

Motion Passed 5-0


2008-11-2008 Buckley Clay Associates (3) - Site Plan, 4701 Buckley Road
(Adjourned from 3 previous meetings)

2009-1-5 Buckley Clay Associates (3), Special Permit – 4701 Buckley Road
(Adjourned from 1 previous meeting)

Chairman Lepkowski opened both public hearings.
Mark Weiss was present for the applicant, he pointed out the screening and plantings around the dumpsters will be 4ft evergreens, he also noted the existing vegetation line and will add seedlings to the buffer in the back. The Chairman asked if he could use larger plants then seedlings, they stated that they will look into it.
Chairman Lepkowski read a statement from Janet Rathburn, she is not in agreement with Mr. Territo’s determination that this is a proper use for this site.
Hal Henty pointed out the state of the trailers on the property. The applicant said the trailers would be changed out.
There was discussion about the dumpsters being enclosed. The buffers and the storm water drainage plan, noted on #23 and #24 were discussed next. Ron DeTota said the storm water drainage plan was acceptable.
Russ Mitchell of the Clairmont development commented that the I-2 is for construction job site trailers. He doesn’t agree with the Commissioners determination. He does like the proposed buffer, however he expects the trees to stay alive. He also commented that he was pleased with the clean up of the site.
The Chairman closed the public hearing.

A Motion made by Karen Guinup seconded by John Dougherty, to adopt a resolution using standard form #20 granting Site Plan approval to Buckley Clay Associates based on a map by M.V. Weiss and Associates, Drawing # L1, L2, L3, L4, and L5, Dated 11-13-2008 revised 3-11-2009, and Drawing # L6 sp d 1-22-2009 revised 3-11-2009, with conditions from C&S letter paragraph #1.
Note: Site Plan is being approved based upon screening of the Special Permitted area and installing dumpster enclosures .

Motion Passed 5-0

A motion made by John Dougherty seconded by James Sharpe to adopt a resolution using standard form #10, that the Site Plan submitted by Buckley Clay Associates be declared a negative declaration as there appears to be no environmental impacts which can not be mitigated and does not involve any other permit granting agencies including the Federal Government. Scott Chatfield Stated the screening is a condition of the site plan.

Motion Passed 5-0

A motion was made by John Dougherty, seconded by James Sharpe to adopt a Resolution using standard form # 20, granting Site Plan with Special Permit approval. Approving to use a portion of the parcel for an accessory exterior activity related to the principal use, to Buckley Clay Associates, located at 4701 Buckley Road.

Motion Passed 5-0

2008-12-5 Walrus LLC, Special Permit Advisory Referral (Gasoline Service Station) corner of Henry Clay Blvd. & NYS Route 31 (Nice N Easy) (Adjourned from 1 previous meeting)

2008-12-6 Walrus LLC, Special Permit Advisory Referral- Drive-thru service (for bank teller) – corner of Henry Clay Blvd. & NYS Route 31 (Adjourned from 1 previous meeting)

2008-12-7 Walrus LLC (3), Site Plan – corner of Henry Clay Blvd. & NYS Route 31 (Nice N Easy) (Adjourned from 2 previous meetings)

Chairman Lepkowski opened all three public hearings.
Jim Hagan was present for the applicant. Mr. Hagan presented the traffic study to the Board, The study was done in conjunction with Group One Development.
Mr. Hagan pointed out on the plan, the entrance drive has been configured for no left turn.  The basin has been reconfigured; they will create a swale to tie into the drainage basin as shown on the map.  Mr. Hagan showed added plantings on the map next to the bank drive thru, to protect residential from car lights at night.
Hal Henty commented that he would still like to see the building turned around so the drive thru is on the west side of the parcel. John Dougherty suggested they flip the whole site, switch the bank and the Nice N Easy.  Chairman Lepkowski asked if the traffic study has been sent to the State and County for their review. Mr. Hagan said that it had, with no comments yet. The Chairman also asked what impact the other applicants across the street would have on this plan, also the pending road improvements that may not happen for years.  He questioned the internal circulation of the whole lot; would it help to build the bank south of the gas station rather then east.

The 80ft screening still shows as brush, many more trees need to be planted to protect neighboring properties to the east. 
Ms. Guinup asked Mr. Hagan how they determined the peak hours, Mr. Hagan stated that he was not sure. 
Mr. Dougherty is concerned about the look of the building. Ms. Guinup recommended the other Members of the Board take a look at the Cicero location on the corner of State Route 31 And South Bay Road because She liked the look of that site.
Mr. Hagan ask if the Board would make a recommendation to the Town Board. The Chairman said they would not, until all the information was in, particularly regarding traffic, and the comments from State and County. 

A motion made by John Dougherty seconded by Karen Guinup to adjourn all three public hearings to 4/8/2009.

Motion Passed 5-0


2009-1-1 Richard F. Christiana, Zone Change Recommendation O-1 to NC-1- 7924 Oswego Road (Adjourned from 1 previous meeting)

Chairman Lepkowski opened by stating he doesn’t feel this use is appropriate for this site.
Karen Guinup and Hal Henty concur with the Chairman, She also wants to leave this site zoned 0-1,

The main concern is that in the future, this property could be sold therefore allowing a larger NC-1 use. It was also stated that commercial is generally on the west side of Route 57, and the east side has remained small office and residential use.

Chairman Lepkowski closed the public hearing.

A motion was made by Karen Guinup seconded by John Dougherty that this zone change be denied by the Town Board because the Board feels that this corridor is predominantly residential and offices, and this use is not appropriate.

Motion Passed 5-0 

2009-1-3 4-Ward Sales LLC, Special Permit Advisory Referral – 4531 NYS Route 31 (Adjourned from 1 previous meeting)

2009-1-4 4-Ward Sales LLC, (3)Site Plan – 4531 NYS Route 31 (Adjourned from 1 previous meeting) 

Chairman Lepkowski opened both public hearings.

Mr. Hagan Architect, and Bob Dwyer Applicant were present. John Dougherty asked about the types of vehicles and how many would be sold. Mr. Dwyer said 4-wheel drive fire and rescue as well as 2-wheel drive off road vehicles; he expects to sell 1 or 2 per week. Mr. Dwyer explained most of the large trucks and tractor-trailer sales are done via the Internet. 

Very seldom do they have walk in sales, most demonstrations are done off site brought to the buyer, occasionally a demo would take place in the parking lot but never on the road. 
Karen Guinup would like to see no trailers on the lot, dump trucks and tractors would be ok, also she wants no repairs done on site.

The Chairman asked if Mr. Dwyer read the County’s recommendation. He also stated if the recommendation is made to the Town Board, we will suggest a periodic review of the special permit.
John Dougherty asked if the Board did not allow tractor sales would that be acceptable, the owner said yes at this point he just needs to get this business going.
Mr. Dougherty suggested the Board limit it to 5 tractor trailers on site at any one time. It was noted that the new zoning code includes large and small vehicles and commercial sales in the Special Permit, there is no distinguishing between recreational vehicles and large trucks as there was in the previous zoning code.

Chairman Lepkowski asked if there were any more questions, hearing none the hearing for the Special Permit was closed.

A motion made by John Dougherty seconded by Karen Guinup to adopt a resolution granting Special Permit approval with the caveat, vehicle service not permitted, limit the number of class A trucks to 5, and the special permit shall be reviewed every 3 years. 

Motion Passed 5-0 

A motion made by Hal Henty seconded by James Sharpe that the Public Hearing for case number 2009-1-4, 4-Ward Sales LLC Site Plan be adjourned to 4/08/2009. 

Motion Passed 5-0 

2009-2-2 Willowstream Apartments N II LLC (3) Amended Site Plan- 3774 NYS Route 31 (Adjourned from 1 previous meeting)

Brian Bouchard with Clough Harbour Associates, was present for the applicant. Mr. Bouchard compared the current PPD to the original PUD. Scott Chatfield figured the min. sq ft per unit, and the maximum number of units, 5.18 units per acre would equal 510 apartments. In 1974, the apartment average was 4000 sq ft of land per unit, in 1995 it was 3015 sq ft per acre. As long as there is buildable land it is still within the original concept of the PUD. He also noted they are well within the density.
Chairman Lepkowski recommends leaving the site for a recreation area, as it was originally planned.
Karen Guinup concurs with the Chairman, also noted the Board could send this proposal to the Town Board.
Scott Chatfield concurred that they could turn it over to the Town Board to decide.
John Dougherty and Hal Henty think the apartments are well kept therefore have no problem with the apartments or approving the proposal through the Planning Board.

A motion was made by John Dougherty, seconded by Hal Henty to adopt a resolution using standard form # 10 that the amended Site Plan submitted by Clough Harbour & Associates is an unlisted action and be declared a negative declaration as there appears to be no traffic, drainage or other environmental impact which could not be mitigated and does not involve any other permit granting agencies including the Federal Government.

Motion Passed 5-0

A motion was made by John Dougherty, seconded by Hal Henty to adopt a resolution using standard form #20 granting Amended Site Plan Approval for the property located at 3774 NYS Route 31 based on a map by Clough Harbour & Associates project number 18147, drawing numbers C-1 to C-6, dated 2/4/09. Subject to all legal and engineering approvals.

Chairman Lepkowski asked for a Roll Call, it went as follows:
Hal Henty -Yes
John Dougherty – Yes
Karen Guinup – Yes 
James Sharpe – Yes
Walter Lepkowski - No, the density of the development had already been expanded once, and he feels an additional increase in density was not appropriate .

Motion Passed 4-1 

Work Session

Woodside Runne – 
Michael Bragman Jr. and Hal Romans were present for the applicant.

Mr. Romans stated that he had revised the report and distributed them to the Board members adding that he has addressed the commercial phase of the covenants/restrictions. 

The Board discussed the building materials, dumpster enclosures and landscaping.

The discussion also addressed the re-naming of the project. It was explained by Mr. Bragman that the ‘Woodside Runne’ name is already in use, and a list was sent to the County with a new option of ‘ Inverness Gardens’ being the most likely. 

Mr. Romans discussed the proposed dimensional requirements/signage for the covenants, and the Board gave their feedback. He also talked about the landscaping requirements, and how they would continue to deal with the details of this during the Site Plan phase.



The applicant will return to the April 8, 2009 meeting


New Business: 

Final Plat Approval: Sections 18 and 19, Lawton Valley Hunt
Case # 2009-3-2 for section #18
Case # 2009-3-3 for section # 19

Hal Romans and Kevin Berry were present for the applicant. To discuss the completion of Lawton Road, Schedule for completion was presented to the Board. The Bond has been approved, they are waiting for it to go to the State, also they are waiting for construction drawings from Clough Harbour Associates for NYS Route 31.Lawton road is expected to be complete before NYS Route 31.
Scott Chatfield suggested a note be attached to the filed map stating the builder will complete Barcaldine Drive.

A Motion was made by John Dougherty seconded by Karen Guinup using standard form # 40 granting Final Plat approval based on a map by Ianuzzi & Romans Land Surveyors, file number-117.004, Section 18 and Section 19, dated 10/16/07 revised 3/25/2009.

Motion Passed 5-0 

Signs

Beads Market(relocated from Kimbrook Plaza/ re-using same sign) Glenn Crossing Plaza, 7421 Oswego Road
Zoned RC-1 permit # 40787

Wall Signage- Allowed 8% of tenant space, which is 34.56sf (wall area is 24’w X 18’h = 432sf )
Sign is 28.13 sf.

A motion was made by Hal Henty seconded by James Sharpe to approve this sign as presented.

Motion Passed 5-0


Kinney Drugs-5225 W. Taft Road, corner of Allen Road
Zoned HC-1 permit # 40789
Wall signage- Allowed 8% of tenant space, 2/tenant
Elevation 1- allowable 171.6 sf, proposed 138.75 sf
Elevation 2- allowable 208.19 sf, proposed 138.75 sf
Note: The Commissioner classified the “Drive Thru” sign as a ‘private traffic sign’, a minor sign providing information for traffic movement. This requires your approval and could be limited to 4 sf. The sign as presented is 6 sf.

A motion was made Hal Henty seconded by John Dougherty to approve the wall sign as is, and to reduce the drive thru sign to 4sf.

Motion Passed 5-0

Walgreens- corner of Taft and Buckley Road
Zoned NC-1 permit # 40692
Wall signage- Allowable 16 sf, 2/tenant
The applicant sought and was granted a variance from the ZBA to increase both wall signs to 74.94 sf. 
Private Traffic Sign: “Drive Thru Pharmacy” at 12.59 sf, over the 4 sf and an “Exit” sign at 2.08 sf.
Freestanding sign- maximum allowable is 24 sf. And a maximum height allowed is 15ft. Applicants variance request was denied to increase square footage to 46.27 sf. Resubmitted sign is 11’5” tall and 22.42 sf. Address will be attached to building above entrance.

A motion was made by Hal Henty seconded by James Sharpe.

Motion Passed 5-0 


ADJOURN MEETING

A motion was made by Hal Henty, seconded by John Dougherty to adjourn.

Motion Passed 5-0

Meeting adjourned at 12:30 am

Respectfully Submitted.




Gloria Wetmore


Planning Board Archive Minutes

Planning Board Agenda

 


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