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Town
of Clay
Approved
Planning Board Minutes
July 8, 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 8th day of July, 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
Russ Mitchell Member
Scott Chatfield Planning Board Attorney
Doug Wickman C&S Engineers
David Balcer Town Planner
Mark Territo Commissioner of Planning and
Development
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 7-0
Public Hearings:
2009-5-4 Donald Grimsley & Grimsley Properties, LLC (3), Site Plan– 5328 &5332 W. Taft Road
Chairman Lepkowski opened the public hearing at this time.
Mr. Hal Romans was present for the applicant.
Mr. Romans began by passing out a Site Plan of the property and explaining the history of the zone change, and lot combination that has recently taken place. The reverse subdivision has been done administratively and is now waiting review from the City of Syracuse, as part of the required 3-mile limit review.
Mr. Romans stated that nothing new is being proposed. The property currently contains two buildings, one office, and one residential property. The residential property is used as a rental. The issue of the County comment that a single commercial driveway shall be permitted was discussed. It was determined that should both buildings be used for commercial purposes, the applicant would have to eliminate one of the driveways and that could be dealt with during Site Plan review for anything that will be proposed there.
Ms. Guinup asked if this is more of a formality so that we have a record for the file and the applicant stated that it is.
The issue of the existing awning was discussed. The applicant stated that the owner may construct a new sign rather than go for a variance due to the excessive square footage from that which is allowed. Mr. Romans stated that if it is agreeable to the Board, the applicant would remove the logo from the sign and this would most likely bring the sign into conformance. More discussion on the topic of if a border needed to be placed around the lettering to distinguish the sign from the boarder, and it was determined that removing the logo would be sufficient. There was also a question of if this was considered an ‘awning sign’ or a ‘roof sign’ and it was determined by the Planning Department that this is an ‘awning sign’.
Chairman Lepkowski closed the public hearing.
A motion was made by John Dougherty, seconded by Hal Henty to adopt a resolution using standard form #10 that the Site Plan submitted by Ianuzzi and Romans, be declared an unlisted action and 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 Karen Guinup, seconded by John Dougherty to adopt a resolution using standard form #20 granting Site Plan Approval to Donald Grimsley & Grimsley Properties, LLC, Case # 2009-5-4, located at 5328 &5332 W. Taft Road, based on the following maps by Ianuzzi and Romans:
Dated 5/1/2009 last revised 7/7/2009, file number 2001.009
With the following conditions:
s Reverse subdivision shall be completed administratively.
s This approval does not include sign detail as shown.
s All subject to legal and engineering
Motion Passed 7-0
2009-6-1 Oneida Financial Corp.(3), Site Plan- 5232 Witz Drive.
David Colegrove, Architect for the applicant, appeared before the Board to describe the proposal. He stated that the current office building, owned by Oneida Financial, is wood-frame construction, was constructed in 2006, and is approximately 15,000sf. He also stated that this operation currently employs 78 people. They are now looking to expand and are proposing a 1,900sf addition. He stated that the addition would match existing building materials/colors/style etc., and it will allow for approximately 20-30 more employees. Mr. Colegrove stated that trash is currently handled with 6 cans that are pulled out for collection rather than with a dumpster.
Hal Henty asked the applicant if this was 2 separate parcels and the applicant stated that it was. Mr. Henty then asked if the proposed parking will be on the same lot and the applicant stated that it would not. Mr. Henty next asked if it will meet the setbacks, and the applicant stated that the building would meet setbacks but there are issues that need to be discussed that may need variances.
The applicant stated that the Site Plan as shown with the assumption that variances be granted. The applicant also stated that the loading space is open to interpretation. Upon consultation with Scott Chatfield, the Board felt that the applicant should show the loading zone on the Site Plan. The applicant felt that the necessity for the loading space is excessive due to the nature of their business and the increased number of handicapped parking spaces required as part of this proposal. They can show it in reserve and construct it at a later date should the need arise. After much discussion, the Board decided that the applicant must show a loading space and it shall be striped. Chairman Lepkowski explained that the Site Plan must reflect what will be built and therefore they can show it as reserve for the future. The Board was in agreement with this statement.
John Dougherty asked the applicant to consider putting enclosures around the air conditioning units that is the same material/color as the building.
Chairman Lepkowski asked about lighting and the applicant stated the lighting is compliant to the Town Code, and a lighting plan has been submitted.
There was further discussion regarding the combining of the lots, and the administrative process was explained. The Board gave many suggestions to the applicant, and the potential to eliminate having to go to the Zoning Board for variances; it is now up to the applicant to make a decision as to what will work out best for them.
Town resident Janet Rathburn stated that if the applicant is required to have a loading space, then they should build it and not just show it in reserve on the plans. There were no other questions or comments.
A motion was made by Allen Kovac, seconded by James Sharpe to adjourn the Public Hearing to July 22, 2009.
Motion Passed 7-0
Old Business: Adjourned Hearings
2007-12-3 Group One Development, LLC (3) Site Plan– Corner of Route 31 & Henry Clay Blvd. (Adjourned from 15 previous meetings)
Chairman Lepkowski adjourned this public hearing to July 22, 2009. A motion was made by James Sharpe seconded by Russ Mitchell.
Motion Passed 7-0
2008-6-1 Clay South Development Co., LLC (3), Amended Site Plan, South Side NYS Route 31 (Lowe’s out parcel)(Adjourned from 9 previous meetings)
No one was present for the applicant.
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn the Public Hearing to July 22, 2009.
Motion Passed 6-1
Hal Henty was opposed because the applicant did not contact us and he feels that because they have adjourned from 9 previous meetings, we should not automatically put them on the next meeting as it is not fair to other applicants.
A motion was made by James Sharpe seconded by Allen Kovac to rescind the previous motion
Motion Passed 7-0
The Board asked the Commissioner of Planning to send a letter to the applicant stating that if they want to go forward with the proposal they must appear at the July 22 meeting with an update, if they do not appear they run the risk of getting denied without prejudice and would have to re-apply and pay all required fees.
A motion was made by Karen Guinup seconded by Hal Henty to adjourn this case to July 22, 2009 with the above-mentioned condition.
Motion Passed 6-1
John Dougherty was opposed because it doesn’t cost anything to put an item on an agenda.
2009-1-6 Gary Bell (3) Site Plan, 7422 Oswego Road (Adjourned from 5 previous meetings)
A motion was made by Hal Henty seconded by James Sharpe to adjourn this Public Hearing to August 12, 2009.
Motion Passed 7-0
2009-4-3 Self Storage Buckley LLC (3), Site Plan- 7500 &7502 Buckley Road (Adjourned from 1 previous meeting)
No one was present for the applicant. A discussion of why the applicant was not present ensued. There are still issues of drainage, turning radii for emergency equipment, re-subdivision, lighting plan, and variances must be shown on the plan that must be addressed.
A motion was made by John Dougherty seconded by James Sharpe to adjourn this Public Hearing to July 22, 2009.
Motion Passed 7-0
2009-5-1 Time Warner Cable (3), Amended Site Plan- 7890 Davis Road (Adjourned from 1 previous meeting)
No one was present for the applicant. A discussion of why the applicant was not present ensued, and it is possible that the applicant misunderstood the instructions from the Board at the previous meeting. The Planning Department will contact the applicant to make them aware that they must attend the next meeting.
A motion was made by Karen Guinup seconded by Allen Kovac to adjourn this Public Hearing to July 22, 2009.
Motion Passed 7-0
2009-5-2 Empire Bldg. Products/Reserve Supply (3), Special Permit- 7707 Henry Clay Blvd. (Adjourned from 1 previous meeting)
No one was present for the applicant. The Planning Department will contact the applicant to make them aware that they must attend the next meeting.
A motion was made by James Sharpe seconded by Allen Kovac to adjourn this Public Hearing to July 22, 2009.
Motion Passed 7-0
Old Business: Hearings Closed
NONE
Work Session
NONE
New Business: Signs
Visions Hair Salon Sign, Sugarwood Plaza, Bear & Buckley Rds. – Permit # 41,109
The applicant is proposing a face change to the existing freestanding sign and a new wall sign.
A motion was made by James Sharpe, seconded by Russ Mitchell to approve the signs as presented.
Motion Passed 7-0
Tim Horton’s Sign, Sweetheart Corner, Taft Rd. & Rt. 11;Permit # 41,206
Bob Bender appeared for the applicant. Tim Horton’s would like to install 2 freestanding signs. One is 8 feet high, and the other is 12 feet. Both signs meet what is allowed by code. There was some discussion as to the necessity of 2 signs, and if the sign on Taft Rd. was necessary. The applicant stated that many people, even those already in the neighborhood, are not aware that Tim Horton’s is located there. The sign on Taft will help generate business from people traveling from the west towards Route 11.
A motion was made by Allen Kovac, seconded by John Dougherty to approve this permit as presented, with the following condition:
s The applicant must withdraw their Zoning Board of Appeals case for a variance.
Motion Passed 7-0
Grimsley Agency Sign, 5328 W. Taft Rd.- Permit # 41,160
Hal Romans was present for the applicant.
Mr. Romans is requesting approval for an existing sign that is mounted to an awning. There was some discussion as to whether the sign is an awning sign or a roof sign, and it was determined by the Planning Commissioner that it is an awning sign. The sign as it currently exists exceeds the allowable square footage, so Mr. Romans agreed to speak to the owner to see if removing the logo on the sign would be acceptable. If the logo could be removed the sign would conform to the code. The Board agreed that this is an acceptable solution.
A motion was made by Hal Henty, seconded by Allen Kovac to approve the sign as presented, with the following condition:
s The applicant must remove the logo from the existing sign.
Motion Passed 7-0
Valvoline Instant Oil Change Sign, 7855 Oswego Rd.;Permit # 40,661
The applicant wishes to resubmit an application for a sign that was presented in December 2008. The proposed freestanding sign is 15’ high, setback 25’ and 30.35sf- all meet the code. The proposed wall signs are 71.3sf total, which also meets the code. The applicant had previously requested a larger sign, but the Board felt that it was too large for the area.
A motion was made by John Dougherty, seconded by Karen Guinup to approve this permit as presented.
Motion Passed 7-0
Metro Mattress Sign, Rocklyn Plaza, 3881 St. Rt. 31;Permit # 41,232
The applicant is proposing to add their sign to an existing tenant blank space in a previously approved freestanding sign, and a wall sign. The blank space in the freestanding sign will be 15.5sf. The wall sign is proposed to be 100.1sf. Both signs meet the code. John Dougherty wanted clarification as to the 2 wall signs that are allowed by code. He questioned that if they meet or are under their 8% wall space allowance, could the Board approve one larger sign instead of two, as long as they don’t exceed the 8%. The Chairman stated the way the code reads we could not do that but the possibility of recommending to the Town Board that they look at this portion of the sign code that addresses the allowable number of signs and the potential for the Planning Board to have more discretion when looking at these types of signs. A formal resolution was not made at this time.
A motion was made by Russ Mitchell, seconded by James Sharpe to approve this permit as presented.
Motion Passed 7-0
ADJOURN MEETING
A motion was made by John Dougherty, seconded by Karen Guinup to adjourn.
Motion Passed 7-0
Meeting adjourned at 9:35 P.M.
Respectfully Submitted.
Mark Territo
Planning
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