June 2, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 2nd of June 2003 at 7:30 P.M., there were:

PRESENT: 

   Mark Rupprecht           Supervisor
   James Rowley               Deputy Supervisor/Councilor
   David R. Palmer            Councilor
   Clarence A. Rycraft      Councilor
   Naomi Bray                    Councilor
   Damian M. Ulatowski   Councilor
   Robert L. Edick              Councilor
   Vivian I. Mason            Town Clerk
   David Tessier                Commissioner of 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 May 19, 2003. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

None.

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

Councilor Rowley moved the adoption of a resolution approving 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. Motion was seconded by Councilor Ulatowski.

Supervisor Rupprecht explained that the Section 265 protest petitions that were presented to the Board were reviewed and found to be insufficient. Thus, no three quarter majority vote was required. He added that the applicant has given the Board a drawing of the proposed streets which they will present to the Planning Board. It shows no connection between the residential property and Route 31.

Supervisor Rupprecht – yes      Councilor Palmer – yes 
Councilor Rowley - yes              Councilor Rycraft – no
Councilor Bray – yes                  Councilor Ulatowski – yes
Robert L. Edick – yes

Carried.

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

Councilor Rowley moved the adoption of a resolution that 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) 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.

Ayes-7 and Noes-0. Carried.

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

Councilor Rowley moved the adoption of a resolution approving 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) Motion was seconded by Councilor Ulatowski.

Supervisor Rupprecht – yes     Councilor Palmer – yes 
Councilor Rowley – yes             Councilor Rycraft – yes
Councilor Bray – yes                  Councilor Ulatowski – yes
Robert L. Edick – yes

Carried.

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

A public hearing 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) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Sarah Campbell, the Attorney representing the applicant, gave a brief overview of the location of this ten acre parcel and the various zoning classifications in the vicinity. They feel their request for office and retail is consistent with the area. Originally they were requesting a Shopping Center C-5 District, which is for a shopping center, but in discussion with the Planning Board, they realized that zoning would be too intense, so they amended their application request for Office and Retail Store C-2 District.

Supervisor Rupprecht said he would like an idea of what the traffic would be for a maximum build out of the Office and Retail Store C-2 District.

Councilor Palmer stated that he would also like some information regarding drainage, traffic and visual aspects for the Office and Retail Store C-2 District.

Commissioner Tessier commented that the Planning Board had recommended disapproval of a C-2, and recommended that the property be zoned an Office C-1 District, or, that the front portion be zoned Residential Office R-6 District and the rear portion be zoned residential.

Councilor Rycraft said he was in favor of the Residential Office R-6 District and residential in the rear portion.

Russ Mitchell said he also was in favor of the Residential Office R-6 District and residential zoning.

Supervisor Rupprecht stated that the Board would like correspondence addressing the potential maximum traffic and that drainage on the site can be accommodated. He added that he would also like a report regarding the visual aspect of a Office and Retail Store C-2 District.

Councilor Palmer stated that he would like a memo addressing a maximum sub-division.

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

Supervisor Rupprecht moved the adoption of a resolution adjourning the public hearing to June 16, 2003 commencing at 7:41 P.M. local time. Motion was seconded by Councilor Palmer.

Ayes-7 and noes-0. Carried.


Elections - Polling Places:

Councilor Edick moved the adoption of a resolution establishing the polling places for the Town's Election Districts for the year 2003 as set forth on the list on file in the Town Clerk's Office. (see attachment also) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Deed - TABLE TOP REALTY, INC.:

Councilor Ulatowski moved the adoption of a resolution accepting a deed for highway purposes from TABLE TOP REALTY, INC., as shown on a Final Plan prepared by Applied Earth Technologies entitled GFM Property dated May 7, 2003. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Special Districts/Water - NORTH AREA WATER SUPPLY DISTRICT CONTRACT NO. 2:

Councilor Ulatowski moved the adoption of a resolution approving Change Order No. 1 for the NORTH AREA WATER SUPPLY DISTRICT CONTRACT NO. 2, pursuant to the recommendation of the Town Engineers, for additional labor, equipment and materials necessary to directional drill through rock beneath the Anthony Cut Canal. When attempting to direction drill under the Canal and maintain a 10' separation between the canal bottom and the HDPE waterline, unanticipated rock was encountered requiring the use of a special "rock auger" and reamers to install the waterline beneath the Canal. Several attempts were made in different locations to avoid the rock but were unsuccessful and raising the waterline elevation above the rock was not recommended due to the possibility of "frac-outs" or blowouts during the drilling causing the hole to collapse. The subcontractor has requested an additional $156.00 per lineal foot for the 230 feet of drilling through rock and the Town Engineers agree that the additional amount is reasonable. Adding to the Contract Price – 230 feet @ $156.00/lf = $35,880.00, and further authorizing the Supervisor to execute such change order. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Deed/Project - The Villages at Fairway East:

Councilor Palmer moved the adoption of a resolution accepting a Deed for Open Space from DUANE C. OLIN consisting of 5.280 acres as shown on a map prepared by Phillips & Associates Surveyors, P.C. of Liverpool, New York dated May 13, 2003. (Re future section of The Villages at Fairway East.) This will include an area to be re-graded to facilitate drainage before Town acceptance of 5.280 acres. Entire deed and drainage improvement are subject to approval of the Town Attorney as to form and content. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:50 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.


Archived Minutes