May 19, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 19th of May 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
  Robert L. Edick              Councilor
  Vivian I. Mason            Town Clerk
  David Tessier                Commissioner of Planning & Development
  Robert Germain             Town Attorney
  Doug Wickman             Town Engineer

ABSENT: 

  Damian M. Ulatowski    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 Bray moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on May 5, 2003. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

Russ Mitchell, President of the Clairmont-Four Seasons Homeowners Association presented pictures and a letter with regard to the property on the corner of Buckley Road and Henry Clay Boulevard. They have concerns for the I-beams that have been placed there and the location of a possible curb cut.

Zone change (PH) - Town Board Case #884 - DOUGLAS E. ROWE and SEVINE ROWE:

A public hearing to consider the application of DOUGLAS E. ROWE and SEVINE ROWE for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1B) District on property located at 5202 Caughdenoy Road. (Tax Map No. 076.-01-07.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Charles Falgiatano, the attorney representing the Rowes, stated they would like to subdivide the 2.2 acre parcel and build a house on the second lot.

Supervisor Rupprecht noted the Onondaga County Planning Board has recommended disapproval, but the Onondaga County Department of Transportation has approved a curb cut.

There is public water to supply these lots but no public sewers.

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

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. (Adjourned to this date and time at the May 5th, 2003 Meeting.)

Supervisor Rupprecht explained that the Department of Environmental Conservation has requested that the SEQR hearing and this public hearing be a joint meeting. The SEQR hearing will be called later this evening for June 16, 2003. 

Frank Mento, the attorney representing Heather Associates, Inc. stated that based on the DEC's request they are requesting this public hearing be adjourned.

A resident voiced his concern with the traffic that will be generated with this development. She would like to see agricultural districts stay.

Councilor Palmer said he had concerns about retention areas in the development, and Mr. Mento said that they concurred.

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

Councilor Palmer moved the adoption of a resolution adjourning the public hearing to June 16, 2003, commencing at 7:35 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

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

Councilor Rowley 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 Bray.

Supervisor Rupprecht addressed the residents of this area noting that their primary concern is that there will be no connection of Black Brant to Route 31. He explained that the Town Board determines land use not the layout of the roads. That is the responsibility of the Planning Board. The Town Board cannot make promises, but he has written an advisory letter to the Planning Board stating the Town Board's concerns.

Palmer stated that he was concerned with the traffic impact of a C-1.

Councilor Rycraft said he wants more information before voting in favor of this resolution.

Ayes-4 and Noes-2, Councilor Rycraft and Palmer voting no. Carried.

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

No action taken.

Project/Highway - HUNTER RUNNE SUBDIVISION:

Councilor Rowley moved the adoption of a resolution accepting the dedication of Town Roads as set forth on certain final plat map filed in the Onondaga County Clerk's Office located within the HUNTER RUNNE SUBDIVISION from MUFALE BUILDERS, INC., on November 14th, 2002 as Map No. 9525. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Lease Agreement - LIVERPOOL CENTRAL SCHOOL DISTRICT:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to execute a Lease Agreement between the LIVERPOOL CENTRAL SCHOOL DISTRICT and the TOWN OF CLAY with regard to the use of the school's facilities for the Town's Athletic Sports Programs for the current school year, which shall extend from June 24th, 2003 to August 22nd, 2003, at a cost of approximately $1,993.73. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Zone change - Town Board Case #883 and Amended - DOMINICK FABRIZIO and CARMELA FABRIZIO:

Councilor Rowley moved the adoption of resolution calling a public hearing June 2nd, 2003 commencing at 7:35 P.M., local time, to consider the amended application of DOMINICK FABRIZIO and CARMELA FABRIZIO for a change of zone from Agricultural (A-1) District to Office and Retail Store (C-2) District on property located at 7310 Oswego Road (Tax Map No. 114.-01-38). Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Three Rivers Recreation Area/Purchase:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute a "Contract to Purchase" between and the TOWN OF CLAY and Antimo and Maryanne Vigliotti for the purchase of property located at 8879 Oswego Road (Tax Map Nos. 017-01-2.1, 017-01-2.2, and 017-01-2.3 for the sum of $450,000.00, subject to the appropriation and expenditure of the Community Development Block Grant funds (previously applied for and allocated to the Town of Clay) necessary for the purchase of the property, demolition of the structures, and other necessary improvements. Upon closing, the Town Attorney is directed to take all required legal steps to discontinue legal action related to the condemnation/acquisition of this property in coordination with the Onondaga County Industrial Development Agency. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Agreement - Horseshoe Island Sewer District:

Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into a license agreement with the County of Onondaga on behalf of the Town of Clay and the Horseshoe Island Sewer District in order to allow sewer district equipment to be installed and maintained upon real property owned by the County of Onondaga. Subject to the approval of the Town Attorney and Town Engineer as to form and content. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Abandonment of Land - 3432 Horseshoe Island Road:

Councilor Bray moved the adoption of a resolution abandoning a portion of unimproved road right of way totaling approximately .02 of an acre between the pavement of Horseshoe Island Road and the property of Joseph and Victoria Rinefierd located at 3432 Horseshoe Island Road. The proposed abandonment involves deeding a portion of excess and unneeded road right-of-way previously abandoned by the Town during the placement of the road. The Highway Superintendent and Town Attorney have inspected the property and proposed meets and bounds description and recommend abandonment. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

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

Councilor Edick moved the adoption of a resolution calling a SEQR public hearing June 16th, 2003, commencing at 7:38 P.M., local time, to consider the application of HEATHER ASSOCIATES, INC., MERLE D. MELVIN, ESTATE OF CRANDALL MELVIN, JR., and MAY M. LEGG for a residential development and 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), pursuant to State Environmental Quality Review (SEQR) Act, Part 617. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:58 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.


Archived Minutes