June 16, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 16th 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 Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on June 2, 2003. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business: 

None.

Zone Change (PH and SEQR 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 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) (Adjourned to this date and time at the May 19th, 2003 Town Board Meeting.) and,

a public hearing to consider the SEQR with regard to 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 were opened by the Supervisor. Proof of publications and postings were furnished by the Town Clerk.

Ron Sharpe, who is representing the applicant, gave a brief recap of their request. He noted that they have presented their Draft Environmental Impact Statement to the Town. They know that traffic will eventually have an impact as the project develops, and they expect that there will be traffic impact on Route 11.

Supervisor Rupprecht commented that as part of the process a number of agencies who issue permits for these proceedings have been notified.

Engineer Frank Mento, stated that they have looked at the intersection and levels of service concerning traffic. The intersection of Route 11 and Guy Young Road is questionable when build out of the development reaches a two thirds build out. They have looked at other solutions. As congestion builds they will look for alternatives, perhaps Caughdenoy Road may be a possible solution. They feel until a two thirds build out is reached there will not be a problem. They will work with the Department of Transportation an entertain improvements to Guy Young Road and Caughdenoy Road.

Councilor Palmer said he would like a letter committing them to look at traffic mitigation when the build out reaches two thirds.

Mr. Sharpe stated that the wetlands have been delineated.

A brief discussion followed with Councilor Bray questioning traffic count and Councilor Palmer questioning water flow. Michael Bragman explained that there are several ways to control water flow. They feel that the depth of the man made canal and the flow of storm water will assure water movement.

John Rogers, a resident, voiced concerns regarding traffic backups, environmental impacts, and the invasion of invasive species of plants in the canal. Mr. Bragman said they will do their best to strike a balance environmentally and preserve as much of the wetland as possible.

Gerald Smith also was concerned with invasion of invasive species of plants in the canal and the loss of a place where bald eagles nest when man becomes a presence in this development. Mr. Bragman stated that he was also concerned and was very open to preserving the environment.

Another resident voiced concerns for traffic on Guy Young Road and Route 11. He feels traffic mitigation should be addressed before a two thirds build out of housing. Mr. Bragman said he would be watchful and if warranted they would do it earlier.

Supervisor Rupprecht said the Town will accept any written comments regarding this project through July 3, 2003.

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

Zone change (PH-ADJ) - Town Board Case #883 and Amended (PH) - 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. (Adjourned to this time and date at the June 2nd, 2003 Town Board Meeting.) 

Supervisor Rupprecht explained that the applicant was not prepared at this time and would like to adjourn it to another date.

Motion was made by Councilor Rowley to adjourn this public hearing to July 7, 2003, commencing at 7:59 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Project/Agreement - RAYMOUR & FLANIGAN – WEST 481 SITE PROJECT - ROUTE 31:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with R & F CLAY, LLC, for the development of the RAYMOUR & FLANIGAN – WEST 481 SITE PROJECT - ROUTE 31. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Project/Special Districts (Drainage) (CPH) - Raymour & Flanigan – West 481 Site Project - Route 31:

Councilor Edick moved the adoption of a resolution calling a public hearing July 7th, 2003, commencing at 7:35 P.M., local time, to consider a Petition for the creation of a drainage district to be designated and known as "RAYMOUR & FLANIGAN DRAINAGE DISTRICT" and for the construction and acquisition of a lateral drainage system therein to be designated and known as "RAYMOUR & FLANIGAN DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL." (Raymour & Flanigan – West 481 Site Project - Route 31) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Project/Special Districts (Drainage) (CPH) - Raymour & Flanigan – West 481 Site Project - Route 31:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 7th, 2003, commencing at 7:38 P.M., local time, to consider a Petition for the construction and acquisition of a lateral drainage system located within Pine Gate Drainage District to be designated and known as "PINE GATE DRAINAGE DISTRICT, CONTRACT NO. 13 LATERAL." (Raymour & Flanigan West 481 Site Project - Route 31) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Project/Special Districts (Sewer) - Raymour & Flanigan – West 481 Site Project - Route 31:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 7th, 2003, commencing at 7:41 P.M., local time, to consider a Petition for the creation of a sewer district to be designated and known as "RAYMOUR & FLANIGAN SEWER DISTRICT" and for the construction and acquisition of a sewer lateral and cleanout located therein to be designated and known as "RAYMOUR & FLANIGAN SEWER DISTRICT, CONTRACT NO. 1 LATERAL." (Raymour & Flanigan – West 481 Site Project - Route 31) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Project/Easement - Raymour & Flanigan – West 481 Site Project - Route 31:

Councilor Bray moved the adoption of a resolution approving the abandonment of a 30' drainage easement, consisting of 0.411± acre, located on property known as RAYMOUR & FLANIGAN FURNITURE, N.Y.S. Route 31, to the owner R & F CLAY, LLC as shown on a Drainage Easement Abandonment Map, prepared by Sear-Brown of Rochester, New York, entitled "WEST 481 SITE – RAYMOUR & FLANIGAN", dated May 21, 2003, and further authorizing the Supervisor to execute the necessary instrument therefor. Contingent upon approval by the Town Engineers and as to form and content by the Town Attorney. (Raymour & Flanigan – West 481 Site Project - Route 31) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Project/Easement - Raymour & Flanigan – West 481 Site Project - Route 31:

Councilor Bray moved the adoption of a resolution approving the abandonment of a 30' drainage easement, consisting of 0.180± acre, located on property known as RAYMOUR & FLANIGAN FURNITURE, N.Y.S. Route 31 to the owner R & F CLAY, LLC, all as shown on a Drainage Easement Abandonment Map prepared by Sear-Brown of Rochester, New York, entitled "WEST 481 SITE – RAYMOUR & FLANIGAN", dated May 21, 2003, and further authorizing the Supervisor to execute the necessary instrument therefor. Contingent upon approval by the Town Engineers and as to form and content by the Town Attorney. (Raymour & Flanigan – West 481 Site Project- Route 31) Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Project/Easement - Raymour & Flanigan – West 481 Site Project - Route 31:

Councilor Rowley moved the adoption of a resolution accepting a 30' easement for drainage facilities, consisting of 0.654± acre, located on property known as RAYMOUR & FLANIGAN FURNITURE, N.Y.S. Route 31, from the owner R & F CLAY, LLC, all as shown on a map entitled "WEST 481 SITE – AMENDED FINAL PLAT LOT 1," prepared by Sear-Brown dated April 24, 2002, revised May 21, 2003, and further authorizing the Supervisor to execute the necessary instrument therefor. Contingent upon approval by the Town Engineers and as to form and content by the Town Attorney. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT:

Councilor Rowley moved the adoption of a resolution approving the appointment of MARTIN J. MC MAHON as a volunteer member of the CLAY VOLUNTEER FIRE DEPARTMENT. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Appointment - MOYERS CORNERS FIRE DEPARTMENT:

Councilor Rowley moved the adoption of a resolution approving the appointment of MORGAN DAIR, EDWARD HAAXMA, ROBERT MARSHALL, HEATHER BEARDLEY and ADAM CROMAN as volunteer members of the MOYERS CORNERS FIRE DEPARTMENT. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Municipal Code/Zoning (CPH) - Ordinance (Planned Industrial Park District and Industrial District):

Councilor Bray moved the adoption of a resolution calling a public hearing July 7th, 2003, commencing at 7:44 p.m., local time, to consider proposed Interim Ordinance 2003-02 Temporarily Amending Chapter 230, entitled ‘ZONING' §§ 230-32, I-1 Planned Industrial Park District and 230-33 I-2 Industrial Districts of the Code of the Town of Clay. The purpose of said proposed Ordinance is to provide for an additional temporary moratorium to prohibit the processing or granting of zone changes or special permits by the Town Board, and to prohibit consideration of recommendations as to zone changes and approval of site plans or subdivisions by the Planning Board of the Town of Clay for the development of land uses within such districts for a period of sixty (60) days from August 8th, 2003, being the expiration date of said Interim Ordinance 2003-01, due to said classifications presently being further reviewed and rewritten. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Municipal Code/Zoning (CPH) - Ordinance (Planned Industrial Park District):

Councilor Edick moved the adoption of a resolution calling a public hearing July 7th, 2003, commencing at 7:47 P.M., local time, to consider proposed Ordinance 2003-01, to consider amendment of CHAPTER 230, entitled "ZONING", by repealing the present Section 230.32, Planned Industrial Park (I-1) District and adding a new Section 230.32 to be entitled Planned Industrial Park (I-1) District. The purpose of this amendment is to promote and accommodate those kinds of industrial uses that provide the logistical assembly, shipping, storage, servicing, or similar support for retail or other business uses. These uses are expected to conduct all operations in a well-planned setting and within enclosed structures in a clean, quiet manner that results in little or no exterior evidence of industrial activity and therefore can be compatible to nearby commercial or residential areas. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried. 

Municipal Code/Zoning (CPH) - Ordinance (Industrial District):

Councilor Rowley moved the adoption of a resolution calling a public hearing July 7th, 2003, commencing at 7:50 P.M., local time to consider proposed Ordinance 2003-02, to consider amendment of CHAPTER 230, entitled "ZONING", by repealing the present Section 230.33, Industrial (I-2) District and adding a new Section 230.33 to be entitled Industrial (I-2) District. The purpose of this amendment is to promote and accommodate processes that primarily operate in a clean and orderly manner that may involve exterior activities and are sensitive to environmental features and available public services. Other uses are permitted that provide the logistical assembly shipping, storage, servicing, or similar support for retail or other business uses. To the extent possible this district should be located away from residential districts. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Municipal Code/Zoning (CPH) - Ordinance (Special Use (S-1) District):

Councilor Ulatowski moved the adoption of a resolution calling a public hearing July 7th, 2003, commencing at 7:53 P.M., local time to consider proposed Ordinance 2003-03, to consider amendment of CHAPTER 230, entitled "ZONING", by repealing the present Section 230.34, Special Use (S-1) District and adding a new Section 230.34 to be entitled Special Use (S-1) District. The purpose of this amendment is to permit uses that will likely have objectionable features by issuance of a special permit by the Town Board. In order to control and mitigate the objectionable effects of a potential use the special permit process is intended to be explicitly limited to the approved activity and any change of use requires the issuance of a new special permit by the Town Board. To the maximum extent possible this district should be located in existing or planned industrial areas with substantial physical distances from residential neighborhoods. Furthermore, it shall be the on-going policy of the Town to strictly monitor these uses and to periodically evaluate their associated benefits and/or impacts upon the Town. Upon discontinuance of any of these uses, the Town will seek to establish new uses or zone districts that it finds to be compatible to the existing or planned developments within vicinity of the site. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Municipal Code/Zoning (CPH) - Ordinance (Planned Industrial Park District and Industrial District and Special Use District):

Councilor Edick moved the adoption of a resolution calling a public hearing July 7th, 2003, commencing at 7:56 P.M., local time to consider proposed Ordinance 2003-04, to consider amendment of CHAPTER 230, entitled "ZONING", Section 230.2, Definitions, Subdivision C. Specific terms by adding specific terms concerning revisions of the Planned Industrial Park (I-1) District, Industrial (I-2) District and Special Use (S-1) District in The purpose of this proposed aments is to eliminate any confusion as to meanings of specific words with regard to recycling and dump/junkyard. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Sewer Replacement/Bids - Bayberry:

Councilor Ulatowski moved the adoption of a resolution authorizing the advertisement of bids for the construction of "BAYBERRY CIRCLE SANITARY SEWER REPLACEMENT." Said Bids to be received until July 7th, 2003, at 11:00 A.M., local time. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Cleaning Services/Bids - Clay Town Hall:

Councilor Ulatowski moved the adoption of a resolution authorizing the advertisement of bids for the janitorial/cleaning services of "TOWN OF CLAY NEW TOWN HALL," Said Bids to be received until July 3rd, 2003, at 11:00 A.M., local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Grant - Arts Project:

Councilor Bray moved the adoption of a resolution approving an application for a GRANT FOR ARTS PROJECT being community based for a period from January 2004 through December 2004 regarding Learning in the Arts for Children and Youth program and further authorizing the Supervisor to execute the necessary forms therefore. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Agreement/Project - BYRNE MANOR PROJECT:

Councilor Rowley the adoption of a resolution that the Town of Clay having conducted public hearings to consider the construction and acquisition of sewer facilities located within the BYRNE MANOR PROJECT (Route 57 Sewer District, Contract No. 33 Lateral) and the construction of said facilities having been completed in accordance with the Plans and Specifications thereof; the Town Engineers having certified that the facilities have been satisfactorily completed and contingent upon the developer having complied with all the requirements set forth in an Agreement between the Town of Clay and CHRISTOPHER COMMUNITY, INC., that Town of Clay accept title to such facilities. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Meeting Cancellations:

Councilor Palmer moved the adoption of a resolution canceling the July 21, 2003 and the August 18, 2003 Town Board Meetings. Motion was seconded by Supervisor Rupprecht.

Ayes-7 and Noes-0. Carried.

Authorization - Local Waterway Revitalization Program:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute an application for grant funding pursuant to the Local Waterway Revitalization Program. This application requests funding for a coastal waterway study for Clay's waterways in general, and the Three Rivers Area in particular. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:30 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.

Archived Minutes