April 21, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 21st of April 2003 at 7:30 P.M., there were:

PRESENT: 

   Mark Rupprecht          Supervisor
   James Rowley             Councilor/Deputy Supervisor
   David R. Palmer          Councilor
   Clarence A. Rycraft     Councilor
   Damian M. Ulatowski  Councilor
   Vivian I. Mason            Town Clerk
   David Tessier               Comm. of Planning & Development
   Robert Germain           Town Attorney
   Doug Wickman            Town Engineer

ABSENT: 

   Naomi Bray Councilor

The meeting was called to order by Supervisor Rupprecht at 7:30 P.M. All present joined in the Pledge of Allegiance.

Approval of Minutes:

Councilor Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on April 7, 2003. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Correspondence/Other Business:

None.

Sewer/Project (PH) - HAMLIN FARM PROJECT:

A public hearing to consider a Petition for the creation of a sanitary sewer district within the Town of Clay to be designated and known as HAMLIN FARM SANITARY SEWER DISTRICT and for the construction and acquisition of a lateral sanitary sewer system therein to be designated and known as HAMLIN FARM SANITARY SEWER DISTRICT, CONTRACT NO. 1 LATERAL (Hamlin Farm Project - Route 31) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

James Trasher, Assistant Project Engineer with Clough, Harbour & Associates, LLP, located the project by a drawing. It is proposed to construct approximately 1,785 linear feet of sanitary sewer main and appurtenances to serve four commercial lots and 16.9 acres of residential land within the Hamlin Farm subdivision. 

Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Drainage/Project (PH) - HAMLIN FARM PROJECT:

A public hearing to consider a Petition for the creation of a drainage district within the Town of Clay to be designated and known as "HAMLIN FARM DRAINAGE DISTRICT" and for the construction and acquisition of a lateral drainage system therein to be designated and known as "HAMLIN FARM DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL" (Hamlin Farm Project – Route 31) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

James Trasher, Assistant Project Engineer with Clough, Harbour & Associates, LLP, located the project by a drawing. It is proposed to construct approximately 1,330 linear feet of 24" diameter and 590 linear feet of 30" diameter drainage pipe, a 6.2 acre-foot detention basin to serve four commercial lots and 16.9 acres of residential land within the Hamlin Farm subdivision. Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Drainage/Project (SEQR) - HAMLIN FARM PROJECT:

Councilor Palmer moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, that the creation of a drainage district within the Town of Clay to be designated and known as "HAMLIN FARM DRAINAGE DISTRICT" is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an EIS. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried. 

Sewer/Project (CPH) - MISTRAL KNOLL SUBDIVISION:

A public hearing to consider a petition for the construction and acquisition of a lateral sewer system within the Elmcrest Sewer District, to be designated and known as "ELMCREST SEWER DISTRICT, CONTRACT NO. 10 LATERAL" (Mistral Knoll Tract) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski, of LJR Engineering, located the project by a drawing. It is proposed to construct approximately 838 lineal feet of sanitary sewers and appurtenances together with 6-inch diameter service connectors to serve 30 single family homes as part of the Mistral Knoll Development.

Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Drainage/Project - HAMLIN FARM PROJECT:

A public hearing to consider a Petition for the construction and acquisition of a lateral drainage system located within DFB Drainage District to be designated and known as "DFB DRAINAGE DISTRICT, CONTRACT NO. 3 LATERAL" (Mistral Knoll Tract) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski, of LJR Engineering, located the project by a drawing. It is proposed to construct approximately 748 lineal feet of storm sewers to serve 30 single family homes as part of the Mistral Knoll Development.

Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.

Water/Project - MISTRAL KNOLL SUBDIVISION:

A public hearing to consider a Petition for the construction and acquisition of a lateral water system located within the Oswego Road Water District (a Town Water District) to be designated and known as "OSWEGO ROAD WATER DISTRICT, CONTRACT NO. 52 LATERAL" (Mistral Knoll) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski, of LJR Engineering, located the project by a drawing. It is proposed to construct approximately 850 lineal feet of water lines to serve 30 single family homes as part of the Mistral Knoll Development.

The Supervisor noted that it is Town policy that the developer provide the fire hydrants.

Supervisor Rupprecht asked if there were any comments or questions and there were none. All persons wishing to be heard having been heard the hearing was closed.



Zone Change (PH) - Town Board Case #881 - ANTHONY IANNO:

A public hearing to consider the application of ANTHONY IANNO for a change of zone on property consisting of 27.14 acres, more or less, located at 3652 New York State Route 31, Tax Map No. 053.-01-09.1, as follows: on 21.6± ACRES from Agricultural (A-1) District to Town House (R-5) District and on 5.2± ACRES from Agricultural (A-1) District to Office (C-1) District (Adjourned to this date and time at the April 7th, 2003 Town Board Meeting) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Robert Ventre, the attorney representing the applicant stated the he has prepared the details the Board asked for at the last meeting. He presented a drawing of what proposed roads could look like to serve the development, including existing roads in the Willowstream development.

Supervisor Rupprecht commented that this may or may not be what the Planning Board will accept as the layout. The drawing presented is an idea showing a possible four ways of egress/ingress for this parcel.

Nick Ianuzzi, the surveyor representing the applicant, gave an overview of the property and the possible roads, explaining that Shoveler Lane would take the majority of the traffic.

Councilor Ulatowski asked if the proposed offices and residential homes would share the Route 31 curb cut and Mr. Ianuzzi said yes.

A resident asked where the drainage would go with the addition of the homes. Doug Wickman, the Town Engineer, stated that drainage will be addressed during the subdivision process and it will have to meet the Town's standards.

Another resident asked if the commercial property would have a connection to Route 31 and Supervisor Rupprecht said the C-1 would have a curb cut on Route 31, but as to a connection to the residential portion, that was not known.

A resident voiced concerns that with the possibility of 120 homes with two cars a piece it would generate unacceptable traffic.

Carol Ryan asked if construction vehicles would be using their streets and Mr. Ianuzzi said no.

Supervisor Rupprecht urged the residents to attend the Planning Board meetings and voice their concerns during the subdivision process should this zone change be approved.

Carol Ryan stated concern with drainage as there are problems already with some of the homes.

A resident of Redhead Terrace noted that there is a strip of woods near his house and wanted to know if they could be left and Mr. Ianuzzi said there is a good chance the trees could remain, but it would all depend on the drainage. The resident also asked what kind of houses would be built and if there was a chance for an entrance/exit on Route 57. Mr. Ianuzzi stated the homes would be comparable to the ones in Willowstream.

Attorney Ventre stated that the Route 57 entrance/exit was no longer a possibility.

Councilor Palmer voiced concern about the possibility of a no left turn onto Route 31 and wanted to know what the State would allow before he could make a decision on the zone change request.

Commissioner Tessier said all they had was the recommendation from the Onondaga County Planning Board and their comments. They feel the said zone change will have no significant adverse inter-community or county-wide implications. Their comments for the suddivision and site plan should the zone change be approved are as follows: 1) A traffic and drainage study outlining the impact on Route 31 and Route 57 at full build-out should be submitted that meets the requirements of both the New York State and the Onondaga County Departments of Transportation, 2) The 60 foot frontage on Route 31 is the minimum distance from the western property line that the New York State Department of Transportation will permit. However, an 80 to 100 foot local street right-of-way would be preferable to the 60 feet indicated. 3) No left turns will be allowed onto Route 31 from the proposed commercially zoned frontage. 4) The design and location of any proposed drive that will serve both residential and commercial projects must meet New York State Department of Transportation specifications. 5) The residential portion of the site must connect to Black Brant Drive to the south to provide sole access to this portion of the site from Route 57.

Frank Patterson was concerned that if traffic could not get out onto Route 31 it would come down onto their streets.

Dave Arnold noted that Mr. Ianno had previously asked for a commercial zone change for the parcel and maybe the residents would rather have that instead of the residential.

A resident reiterated concerns for traffic and added that he was also concerned for the safety of the children in the neighborhood.

Councilor Rowley stated that this zone change request conforms to the Route 31/Route 57 land study. He noted that the Town Board's responsibility is to determine land use and this request seems a logical use.

Commissioner Tessier added that the Planning Board will determine the environmental impact of the subdivision and site plan and can request information regarding both.

Councilor Rycraft said he felt that residential use was better than a commercial use, but he also felt it was the Town Board's job to be concerned with environmental impact.

Councilor Palmer said he felt this zone change was unique and feels the configuration should be the Town Board's concern. He wants a traffic study.

Supervisor Rupprecht asked if there were any comments or questions and there were none. The Supervisor asked for those in favor, there were ten, and for those opposed, and there were sixteen. All persons wishing to be heard having been heard the hearing was closed.

Zone Change (SEQR) - Town Board Case #881 - ANTHONY IANNO: 

Councilor Ulatowski moved the adoption of a resolution that the application of ANTHONY IANNO for a change of zone on property consisting of 27.14 acres, more or less, located at 3652 New York State Route 31, Tax Map No. 053.-01-09.1, as follows: on 21.6± ACRES from Agricultural (A-1) District to Town House (R-5) District and on 5.2± ACRES from Agricultural (A-1) District to Office (C-1) District is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an EIS. (Recommendation by the Commissioner of Planning & Development is that said project does not require the preparation of an EIS.) Motion was seconded by Councilor Rowley.

Ayes-3 and Noes-2, Councilor Rycraft and Palmer voting no. Not Carried (no majority of the Board).

Drainage/Project - HAMLIN FARM PROJECT:

Councilor Ulatowski moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as "HAMLIN FARM DRAINAGE DISTRICT." (Hamlin Farm Project – Route 31) Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Sewer/Project - HAMLIN FARM PROJECT:

Councilor Ulatowski moved the adoption of a resolution approving the creation of a sewer district within the Town of Clay to be designated and known as "HAMLIN FARM SANITARY SEWER DISTRICT." (Hamlin Farm Project – Route 31) Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Project - HAMLIN FARM PROJECT:

Councilor Ulatowski moved the adoption of a resolution that it is in the public interest that the Town of Clay approve the construction and acquire the public facilities located within HAMLIN FARM PROJECT (Hamlin Farm Sanitary Sewer District, Contract No. 1 Lateral and Hamlin Farm Drainage District, Contract No. 1 Lateral) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer C AND D MUFALE LIMITED PARTNERSHIP and THE MUFALE LIMITED PARTNERSHIP. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Project - MISTRAL KNOLL SUBDIVISION:

Councilor Rowley moved the adoption of a resolution that it is in the public interest that the Town of Clay approve the construction and acquire the public facilities located within MISTRAL KNOLL SUBDIVISION (Elmcrest Road Sewer District, Contract No. 10 Lateral, DFB Drainage District, Contract No. 3 Lateral and Oswego Road Water District, Contract No. 52 Lateral [a Town Water District]) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer J. ALBERICI AND SONS, INC. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Road and Drainage Improvements:

Councilor Rowley moved the adoption of a resolution authorizing amendment of Contract No. 45796, as amended, for funding assistance for Road and Drainage Improvements, between the Town of Clay and County of Onondaga, by extending the termination date from January 1, 2003 through December 31, 2005; the total amount payable to the Contractor under the COMPENSATION provision shall be increased by an amount not to exceed Thirty Thousand ($30,000.00) Dollars in full and final satisfaction of all services and expenses, and incorporate additional clauses as found on Schedule A attached thereto, as part of the original contract. In all other respects, Contract No. 45796, as amended, is hereby ratified and confirmed, and further authorizing the Supervisor to execute same. (Road and Drainage Improvements) (Community Development) Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Three Rivers Recreation Area:

Councilor Rowley moved the adoption of a resolution authorizing amendment of Contract No. 62698, as amended, for the Three Rivers Recreation Area, between the Town of Clay and County of Onondaga, by extending the termination date from October 1, 2002 through December 31, 2004; the total amount payable to the contractor under the COMPENSATION provisions shall be increased by an amount not to exceed One Hundred Sixty-Eight Thousand Three Hundred Sixty ($168,360.00) Dollars in full and final satisfaction of all services and expenses; the Scope of Services is expanded to include location of project and that the Town must address the environmental clean-up issue and develop the site for recreation and promote tourism, and incorporate additional standard clauses for all contracts with municipalities as outlined on Schedule A attached thereto be included as part of the original contract. In all other respects, Contract No. 62698, as amended, is hereby ratified and confirmed and further authorizing the Supervisor to execute same. (Three Rivers Recreation Area) Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Appointment - Clay Volunteer Fire Department, Inc.:

Councilor Rowley moved the adoption of a resolution approving the appointment of PATRICK J. MAZZONE as a volunteer member of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Project - HAMLIN FARM PROJECT:

Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for the HAMLIN FARM PROJECT (Hamlin Farm Sanitary Sewer District, Contract No. 1 Lateral and Hamlin Farm Drainage District, Contract No. 1 Lateral) and authorizing the Supervisor to execute the necessary forms therefore, contingent upon the developer posting the second half of the legal, engineering and administrative fees for said project with the Town. (Contract documents) Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Project - MISTRAL KNOLL SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for the MISTRAL KNOLL SUBDIVISION (Elmcrest Road Sewer District, Contract No. 10 Lateral, DFB Drainage District, Contract No. 3 Lateral and Oswego Road Water District, Contract No. 52 Lateral [a Town Water District]) and authorizing the Supervisor to execute the necessary forms therefore, contingent upon the developer posting the second half of the legal, engineering and administrative fees for said project with the Town. (Contract documents) Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Stormwater Compliance Assistance Program:

Councilor Rowley moved the adoption of a resolution authorizing and approving participation in the SPDES Phase II Stormwater Complieance Assistance Program submitted by the Central New York Regional Planning & Development Board at a cost of $500.00. Motion was seconded by Councilor Rycraft.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:22 P.M. upon motion by Councilor Ulatowski and seconded by Councilor Rowley. Ayes-5 and Noes-0. Carried.










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