April 7, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 7th 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
     Naomi Bray                  Councilor
     Damian M. Ulatowski  Councilor
     Vivian I. Mason            Town Clerk
     David Tessier               Comm. Planning & Development
     Robert Germain            Town Attorney
     Doug Wickman             Town Engineer

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 Rowley moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on March 17, 2003. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business: 

None.

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 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Robert Ventre, the Attorney representing Mr. Ianno, gave a brief overview of their request for a change of zone to permit Offices and residential homes. Referring to the Land Use Study, Mr. Ventre noted it recommended medium to high density residential use. With the Commercial zoning on Route 57, the south west side of the Ianno parcel, they feel an office park would be a good buffer, and lessen the impact between the existing commercial area on Route 57 and the proposed residential zoning, which they are requesting for the remainder of the parcel. The residential structures could be two adjoined residences, like patio homes. An Office (C-1) District and a Town House (R-5) District would provide transitional zoning.

Supervisor Rupprecht noted the recommendation from the Onondaga County Planning Board was that they feel the said referral will have no significant adverse inter-community or county-wide implications, but added the following comments should the zone change be approved: 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.

The Supervisor asked if it was their intention to connect the residential to the commercial portion and Mr. Ventre said not yet, that they have no definite users of the land. Supervisor Rupprecht said he appreciated the fact that the whole parcel was shown on their drawing.

Councilor Palmer said he was concerned with drainage, the wetlands, and the power lines, that go through the property. Attorney Ventre said that it does restrict them, but that it is possible to still build homes. With regard to drainage, detention areas would either be larger or smaller depending on what was needed.

Carol Ryan of Black Brant Drive voiced concern with traffic coming down her street if 120 homes are built.

Another resident was concerned with the worth of his property after the offices are constructed.

Dave Arnold said he feels this is the best proposal Mr. Ianno has brought before the Board and feels that Mr. Ianno has the right to use his property.

Ms. Creamer of Black Brant Drive also voiced concern about the channeling of cars through her street.

Paul Valentino said he felt it was a great project, but doesn't want the development tied into Black Brant Drive because of the traffic.

Ms. Cicirelli was concerned with the wetlands that are behind their home. Supervisor Rupprecht stated that the Board would be asking for a drainage and traffic study.

Attorney Ventre noted that these studies will be reviewed with the site plan when the project goes before the Planning Board. At that time there would be a plan regarding the development. At this stage there is no definite plan.

Councilor Rycraft said he was hesitant to vote for a zone change until he knew the internal circulation. It will be at site plan approval, but he wants to see it now.

Attorney Ventre explained that they don't even know the number of houses or what layout a developer might want. There are three ways out of the property, Route 31, and two locations onto Black Brant Drive. The ingress and egress would be determined at the Planning Board.

Mr. Fisher asked about the wooded area near his residence on Red Head Terrace and the Supervisor said that it could be affected with the development of the parcel.

Councilor Palmer asked if there would be a problem with requesting a drainage and traffic study now and Attorney Ventre said yes, because there is no developer yet, reiterating that there are three possible avenues of egress and ingress, but the layout of homes would be determined by the developer when one is interested in developing it.

Frank Mento, who is also representing Mr. Ianno, said that Councilor Palmer's questions were more for the Planning Board.

Jim Palumbo of Bayberry, said he felt this project was an excellent transition. He added that he would like the Town Board to link up with the Planning Board.

Mr. Rybinski, of Route 31, felt the Ianno property had no drainage and that all of it would come to his property.

Supervisor Rupprecht asked Attorney Ventre for the traffic numbers for an office building of 40,000 square feet.

June Baycura, the President of the Bayberry Community Association, said she would like the Town Board to work closely with the Planning Board regarding the development of this property.

Doug Wickman, the Town Engineer, noted that the applicant could provide further information street wise regarding possible egress to the south east portion.

Attorney Ventre said he would try to get some answers to the Board's questions.

Supervisor Rupprecht asked if there were any comments or questions and there were none.

Councilor Rycraft moved the adoption of a resolution adjourning this public hearing to April 21, 2003, to commence at 7:51 P.M. local time. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

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

No action taken.

Zone Change (PH) - Town Board Case #882 - HEATHER ASSOCIATES, INC.:

A public hearing to consider the application of HEATHER ASSOCIATES, INC., MERLE D. MELVIN, ESTATE OF CRANDALL MELVIN, JR., and MAY M. LEGG for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on properties consisting of 219± acres, located at 5191 Guy Young Road (Tax Map No. 041.-02-01.1 – 46.66 acres), 5095 Guy Young Road (Tax Map No. 041.-02-02.1 – 86.43 acres) and Guy Young Road (Tax Map No. 041.-02-03.1 – 82.13 acres) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Michael Bragman gave an overview of this project. They feel this location is an ideal site, because of elevation, access to the urban area, and the sewer facilities. There is no other like it in New York State. It will be a man made channel waterway, connecting to the canal. They feel this will help revitalize the canal system. They have completed a wetland delineation and this man made waterway will complement the wetlands and natural drainage.

Mr. Ron Sharpe, representing the applicant, explained that the property is presently zoned agricultural and the R-1 would be an appropriate zone for their project. He referred to the conceptual drawing, noting that there may be some minor changes. There will be a Homeowners Association that will be responsible for maintaining the inner canal system.

Councilor Palmer asked if it would be in the deed, and Mr. Sharp said no, that it would be a covenant and a legal enforceable obligation.

Mr. Bragman explained that it would be a highly driven homeowner's association for the private canal system. There will also be walking trails to the neighborhood and docking slips.

David Crandall, Landscape Architect, also representing the applicant, said that the concept is to use the elevation, the land formation, wetlands, and vegetation, and put the water where it is best. They will save and preserve vegetation where ever possible. It will be a unique community and the drainage will work naturally with the canal system.

Joe McMullen, their environmental specialist, gave a brief overview of the site, stating that the wetlands have been marked and delineated.

Mr. Bragman said he feels this project is an opportunity for a unique community. Their interest is to do this project for the enhancement of our area. The canal will be seven feet deep and the circulation should be good.

Councilor Palmer said he would like to see the covenant drawn up and submitted to the Town Attorney for his approval.

Mr. Sharp said this would be the same sort of covenant used in Radisson and others like it. They are obligated to create a homeowner association for the canal system.

Dave Arnold asked what the Town's stand was on development of land north of Route 31. He feels it's sporadic. Supervisor Rupprecht stated that the Board reviews each request one on one regarding its merits. He has spoken to the County and they are prepared to approve this project. He added that it's on a case by case basis.

Mr. Arnold noted that it was a good plan, but people north of Route 31 need to know the policy of land uses.

Supervisor Rupprecht explained that he has asked Commissioner Tessier to look at the land north of Route 31 for future developments.

Dick Smith asked about the mitigation of wetlands and Mr. McMullen replied that exchanged land could be off site if none were available on site.

Mr. Meyers of Anthony Road said that this could create needs for larger schools or an additional fire department building. Mr. Bragman replied that he had met with leaders in the community and none had relayed these concerns.

Steve Fleury, whose farm is on the edge of this development, voiced concern for his agricultural status and if the neighbors would be okay with it. He said he would like buffers between his property and this development. He would like to preserve a farmers way of life.

Supervisor Rupprecht agreed that farmland should be maintained. Farmers are the bedrock of communities.

Mr. Bragman said he would work with Mr. Fluery to have buffers and green spaces.

A resident expressed concerns for traffic and residential development on other adjacent parcels. Another resident voiced concerns for the level of water in the canal at different times of the year.

Mr. McMullen stated that the level of water will fluctuate, but not much in the summer. The level may be down in the winter, but he doesn't feel that will be a problem as the canal will not be in use. They feel the circular shape of the inner canal system will have a good water flow and its seven foot depth will keep vegetation down.

A resident from Comstock Road asked that when the sewers go in would they have to connect to the sewer system and Doug Wickman said they might have to in the future.

The Supervisor explained that, with a Type 1 action, it is required that the Town implement coordinated review, and that involved agencies have 30 days to object to the Toen Board as lead agency. He added that the Town Board needs traffic, storm water, and wetland submissions at least ten days before the May 5th meeting, or April 25.

Supervisor Rupprecht asked if there were any comments or questions and there were none.

Councilor Palmer moved the adoption of a resolution adjourning this public hearing to May 5, 2003, to commence at 7:35 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

The Supervisor called for a three minute break at 10:06 P.M. The meeting reconvened at 10:08 P.M.

Zone Change (SEQR) - Town Board Case #882 - HEATHER ASSOCIATES, INC.:

Councilor Palmer moved the adoption of a resolution that the application of HEATHER ASSOCIATES, INC., MERLE D. MELVIN, ESTATE OF CRANDALL MELVIN, JR., and MAY M. LEGG for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on properties consisting of 219± acres, located at 5191 Guy Young Road (Tax Map No. 041.-02-01.1 – 46.66 acres), 5095 Guy Young Road (Tax Map No. 041.-02-02.1 – 86.43 acres) and Guy Young Road (Tax Map No. 041.-02-03.1 – 82.13 acres) is a Type 1 action which involves other permit granting agencies outside the Town to whom notification must be given; that a lead agency must be designated within 30 days and requires the preparation of an EIS. The Town Board proposes that without dissent from another agency, the lead agency designated will be the Town Board of the Town of Clay. (The Commissioner of Planning and Development recommends that an EIS be prepared.) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Councilor Rycraft was absent, only for this vote. Carried.

Agreement/Project - HAMLIN FARM PROJECT:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to execute an Agreement between the Town of Clay and C AND D MUFALE LIMITED PARTNERSHIP and THE MUFALE LIMITED PARTNERSHIP for the development of the HAMLIN FARM PROJECT (Hamlin Farm Sanitary Sewer District, Contract No. 1 Lateral and Hamlin Farm Drainage District, Contract No. 1 Lateral). Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Agreement/Project - MISTRAL KNOLL SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to execute an Agreement between the Town of Clay and J. ALBERICI AND SONS, INC., for the development of 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]). Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Sewer/Project (CPH) - HAMLIN FARM PROJECT:

Councilor Bray moved the adoption of a resolution calling a public hearing April 21st, 2003, commencing at 7:35 P.M., local time, 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) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Drainage/Project (CPH) - HAMLIN FARM PROJECT:

Councilor Rowley moved the adoption of a resolution calling a public hearing April 21st, 2003 commencing at 7:38 P.M., local time, 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) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Sewer/Project (CPH) - MISTRAL KNOLL SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing April 21st, 2003 commencing at 7:41 P.M., local time, 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) Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Drainage/Project (CPH) - MISTRAL KNOLL SUBDIVISION:

Councilor Bray moved the adoption of a resolution calling a public hearing April 21st, 2003 commencing at 7:44 P.M., local time, 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) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Water/Project (CPH) - MISTRAL KNOLL SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing April 21st, 2003 commencing at 7:47 P.M., local time, 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) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 10:14 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.










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