September 3, 2003

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 3rd of September 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
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.

Supervisor Rupprecht welcomed everyone to the first Town Board Meeting at the new Town Hall at 4401 State Route 31, not far from the old one.

Approval of Minutes:

Councilor Rowley moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on August 4, 2003 and the Special Town Board Meeting held on August 11, 2003. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

None.

Zone change (SEQR) Town Board Case # 885 - RICHARD D. HOVEY:

Councilor Rowley moved the adoption of a resolution that the application of RICHARD D. HOVEY for a change of zone from Agricultural (A-1) District to Office and Retail Store (C-2) District, with restrictions, on property located at 5366 Caughdenoy Road. (Tax Map No. 079.-01-05.1) 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 Palmer.

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 (D) Town Board Case # 885 - RICHARD D. HOVEY:

Councilor Rycraft moved the adoption of a resolution denying the application of RICHARD D. HOVEY for a change of zone from Agricultural (A-1) District to Office and Retail Store (C-2) District, with restrictions, on property located at 5366 Caughdenoy Road. (Tax Map No. 079.-01-05.1) Motion was seconded by Councilor Rowley.

Robert Germain read part of the covenant the applicant is willing to submit regarding this zone change if the Board approves the zone change:

"Whereas, on the 3rd day of September, 2003, at a meeting of the Clay Town Board, duly held in accordance with the provisions of the Town of Clay Zoning Ordinance as amended, and laws of the State of New York pertaining thereto, a limited zone change was granted to the Party of the First Part pursuant to his application which was filed with the Town of Clay on the 2nd day of June 2003, for a zone change of the provisions of the Town of Clay Zoning Ordinance pertaining to the property from an A-1 Agriculture District to a C-2 Office and Retail Store District, so as to allow the Party of the First Part (and his purchaser) to use the property at 5366 Caughdenoy Road, Clay, New York as a dance studio, subject to the following conditions:

In the event the Property ceases to be used as a dance studio by Rachael Mason, her successors, heirs and/or assigns, the only other allowed usage of the premises shall be professional and other office buildings, excluding and prohibiting all other uses allowed in a C-2 District."

Supervisor Rupprecht noted that the Town Planning Board's recommendation was split between leaving it an A-1 or recommending the granting of a C-2 with restrictions. He said he felt the key issue is whether a C-2 is an appropriate zoning classification.

Councilor Palmer said he would be voting against a denial, because he feels that when the building was a fire station, it ceased to be a residential lot. He feels the covenant takes in the concerns of the neighborhood. He feels the dance studio, accompanied by restrictions, is an appropriate use.

Councilor Ulatowski said he agreed with Councilor Plamer and that the covenant would protect the town.

Councilor Bray stated that the zoning committee is in the process of rewriting the zoning codes and that although this use does not fit the C-9 zone at this time; it would in the future. She would like to see a dance studio in a C-9 Recreational District. She is reluctant to agree to covenants. She would like the property left clean of restrictions.

Councilor Edick said he was in favor of the dance studio and that he felt it was a good addition to the neighborhood.

Councilor Rowley said he supports the use as a dance studio, but is not inclined to grant the C-2 because of the other possible uses that could be under the C-2.

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

Carried.

Zone Change (PH) - Town Board Case #886 - ELDAN HOMES, INC., and BARBET DEVELOPMENT CORP.:

A public hearing to consider the application of ELDAN HOMES, INC., and BARBET DEVELOPMENT CORP., for a change of zone from One-Family Residential (R-1) District to One-Family Residential (R-2) District, on property located at 8171 Morgan Road (Tax Map No. 069.-01-02.1. Note: There is no existing number of 8155 Morgan Road, per County Records, the correct house number 8171) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Commissioner Tessier noted that the One-Family Residential (R-2) District reads as follows:

"It is the intent to preserve existing R-2 One-Family Residential Districts in a conforming status and to permit the establishment of new R-2 District use only in such cases where it can be demonstrated that other single-family zoning districts are not feasible."

Dan Barnaba, President and Owner of Eldan Homes, gave a brief overview of what they propose for this parcel. He explained that the Town Board on its own initiative had changed the zoning on this parcel from Agricultural (A-1) District to a One-Family Residential (R-1) District. They propose to build what they are calling a bungalow/patio home residence that will appeal to "empty nesters" (their children have grown and moved out) and others who want less property to take care of. He said he knew the residents of Fairway East are concerned with increased traffic, but they feel the residents of these homes would not have as many vehicles and would therefore generate less traffic.

Councilor Palmer questioned whether variances would be needed since the width of the lot was less than the required 70 feet. Mr. Barnaba said they plan on going before the Planning Board to request "cluster" zoning under Town Law Section 278, which could allow them to create narrower lots.

Councilor Rycraft inquired about the possible widening of Morgan Road and how that would effect the homes planned along Morgan Road, and Mr. Barnaba felt it wouldn't be a problem as they have allowed an extra buffer area along Morgan Road. Councilor Rycraft then asked who would be responsible for the upkeep on the green spaces, and Mr. Barnaba said perhaps the Town, or possibly a homeowner's association. Councilor Rycraft said he saw no natural scenic area or significant green space to substantiate "clustering".

Councilor Rowley voiced concerns regarding traffic and Mr. Barnaba said that they would be willing to make a contribution to a traffic control device.

Supervisor Rupprecht noted that the Onondaga County Planning Board had recommended disapproval for two reasons: "1) The proposed zone change does not meet Section 230-10 of the Town Code, which states that it is the intent to preserve existing R-2 one-family residential districts in a conforming status and to permit the establishment of new R-2 district use only in such cases where it can be demonstrated that other single-family zoning districts are not feasible. 2) A traffic study is required by the Onondaga County Department of Transportation, as a condition of the approval of Fairway East, before any further subdivision of this tract is approved."

Councilor Edick asked if there would be a difference in the price of the houses if built under the R-1 zoning as compared to the R-2 zoning. Mr. Barnaba said that because an R-1 requires a larger lot his projected price under an R-1 would be $35,000 to $40,000 more.

John Reason questioned the fact that quite a few of the lots did not meet the 70 foot width requirement. Supervisor Rupprecht explained that the developer could request cluster zoning under section 278 from the Planning Board, and if approved, could cluster the houses closer together.

Domenico Gigante asked how close the houses along Morgan Road would be to that road and Mr. Barnaba said 140 feet from the center line. Mr. Gigante said he felt there should be a traffic light at Morgan Road. He also wouldn't like to see houses crammed together and so close to Morgan Road.

Supervisor Rupprecht explained that the layout of the roads may not be the exact layout Mr. Barnaba presented. The Planning Board determines the layout.

James Robinson presented a petition, stating that they had collected 236 signature against the proposed R-2.

Many of the residents present supported denial of the zone change because of traffic and concerns for the resale of their own homes. They also referred to the intent of the R-2 zoning.

Another petition was also presented to the board with signatures of residents that border the proposed R-2 parcel.

Supervisor Rupprecht asked if there were any further comments or questions and there were none. Supervisor Rupprecht asked for those in favor, there were two, and those opposed, and there were twenty-nine. All persons wishing to be heard having been heard the hearing was closed.

The Supervisor called a brief recess at 10:02 P.M. The meeting was called back to order at 10:14 P.M.

Sewer/Project (PH) - CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT:

A public hearing to consider a petition for the extension of a sewer system within the Euclid Sewer District to be designated and known as EUCLID SEWER DISTRICT, EXTENSION NO 7 and for the construction and acquisition of a lateral sewer system located therein to be designated and known as "EUCLID SEWER DISTRICT, EXTENSION NO. 7, CONTRACT NO. 1 LATERAL" (Clay First Associates – Route 31 Commercial Project) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski, the engineer from L.J.R. Engineering, located the project by architectural drawing, on the south side of Route 31. This is the parcel where the new Barnes and Nobel and Chili's will be built. It is proposed to construct approximately 463 lineal feet of 8 inch diameter sanitary sewer. The probable cost of construction will be $16,000 and there will be an annual charge by the Town of Clay to the Euclid Sewer District for operation and maintenance. The charge is estimated to be $15.00 per unit, with commercial property equal to three units per acre. There will be an annual charge by the Onondaga County Sanitary District of $261.08 per unit.

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) - CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL 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 "CLAY FIRST ASSOCIATES DRAINAGE DISTRICT" and for the construction and acquisition of a drainage system therein to be designated and known as "CLAY FIRST ASSOCIATES DRAINAGE DISTRICT, CONTRACT NO. 1 LATERAL" (Clay First Associates – Route 31 Commercial Project) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski, the engineer from L.J.R. Engineering, located the project located the project by architectural drawing, on the south side of Route 31. This is the same site at the previous public hearing (Euclid Sewer District). It is proposed to construct approximately 198 lineal feet of 12 inch and 31 lineal feet of 6 inch diameter storm culverts, and a .9 acre foot detention facility. The probable cost of construction will be $5,000, and there will be an annual charge by the Town of Clay to the Clay First Associate Drainage District. The charge is estimated to be $15.00 per unit.

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.

Lighting (PH) - MISTRAL KNOLLS LIGHTING DISTRICT:

A public hearing to consider a petition for the creation of a lighting district within the Town of Clay to be designated and known as "MISTRAL KNOLLS LIGHTING DISTRICT" was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Doug Wickman, the Town Engineer, located the project by architectural drawing and explained that this hearing is to form the lighting district so that lights can be installed.

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.

Lighting (PH) - HUNTER RUNNE LIGHTING DISTRICT:

A public hearing to consider on motion of the Town Board, a petition for the creation of a lighting district within the Town of Clay to be designated and known as "HUNTER RUNNE LIGHTING DISTRICT" was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Doug Wickman, the Town Engineer, located the project by architectural drawing and explained that this hearing is to form the lighting district so that lights can be installed.

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. 

Traffic & Vehicles/Stop Signs (PH) - JAPINE and ALFRED DRIVE:

A public hearing to consider amendment of Chapter 211, Traffic and Vehicles Ordinance of the Code of the Town of Clay, Section 211-41, Schedule IX: Stop Intersections, to designate and provide for a 3-WAY STOP SIGN at northern intersection of JAPINE DRIVE and ALFRED DRIVE and the installation of the necessary signs therefore was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Mark Andrews said they would like stop signs as Alfred Drive is nearly a half mile long and has none. There are a lot of children in the neighborhood and there is also a bus stop that is used by students from all grades. 

Supervisor Rupprecht asked if there were any comments or questions and there were none. Supervisor Rupprecht asked for those in favor and there was one, plus the petition presented with the application, which had forty-nine signatures of neighbors in favor of the stop signs. The Supervisor asked for those opposed and there were none. All persons wishing to be heard having been heard the hearing was closed.

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

The Supervisor explained that the representative for this request was out of town. 

Councilor Palmer moved the adoption of a resolution adjourning the 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) to September 15, 2003, commencing at 7:35 P.M. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Bid Award - LINDA LANE DRAINAGE IMPROVEMENTS:

Councilor Palmer moved the adoption of a resolution awarding a contract to J.J. Lane Construction, Inc. for the construction of the LINDA LANE DRAINAGE IMPROVEMENTS for the low sum of $74,333.00. Said amount being the lowest responsible bidder, and further authorizing the Supervisor to execute the necessary contracts therefore, contingent upon Community Development approval. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Sewer/Project - CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT:

Councilor Edick moved the adoption of a resolution approving the extension of a sewer system within the Euclid Sewer District to be designated and known as "EUCLID SEWER DISTRICT, EXTENSION NO 7." (Clay First Associates – Route 31 Commercial Project) Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Drainage/Project - CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT:

Councilor Edick moved the adoption of a resolution approving the creation of a drainage district within the Town of Clay to be designated and known as "CLAY FIRST ASSOCIATES DRAINAGE DISTRICT." (Clay First Associates – Route 31 Commercial Project) Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Sewer/Drainage/Project - CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT:

Councilor Bray 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 to be located within the CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT ( Euclid Sewer District, Extension No. 7, Contract No. 1 Lateral and Clay First Associates 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 CLAY FIRST ASSOCIATES. (Clay First Associates – Route 31 Commercial Project) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Lighting - MISTRAL KNOLLS LIGHTING DISTRICT:

Councilor Ulatowski moved the adoption of a resolution approving the creation of a lighting district within the Town of Clay to be designated and known as "MISTRAL KNOLLS LIGHTING DISTRICT." Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Lighting - HUNTER RUNNE LIGHTING DISTRICT:

Councilor Ulatowski moved the adoption of a resolution approving the creation of a lighting district within the Town of Clay to be designated and known as "HUNTER RUNNE LIGHTING DISTRICT." Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Traffic & Vehicles/Stop Signs - JAPINE and ALFRED DRIVE:

Councilor Edick moved the adoption of a resolution approving amendment of Chapter 211, Traffic and Vehicles Ordinance of the Code of the Town of Clay, Section 211-41. Schedule IX: Stop Intersections, designating and providing for a 3-WAY STOP SIGN at the northern intersection of JAPINE DRIVE and ALFRED DRIVE and the installation of the necessary signs therefore. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Contract - ANIMAL KINGDOM VETERINARY HOSPITAL, PLLC.:

Councilor Bray moved the adoption of a resolution approving the Assignment and Assumption Agreement between JOHN E. DAVIS, D.V.M., and ANIMAL KINGDOM VETERINARY HOSPITAL, PLLC., of the contract between John E. Davis, DVM, d/b/a Animal Kingdom Veterinary Hospital and the Town of Clay dated January 1st, 2003. (Dr. Davis will remain on staff for a period of time.) Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Position - HAZ-MAT FOREMAN:

Councilor Rowley moved the adoption of a resolution approving the creation of the position of "HAZ-MAT FOREMAN" for each of the Clay Volunteer Fire Department, Inc., Stations. The Clay Volunteer Fire Department obtained the County Haz-Mat Trailer and in order to conform to the proper procedures need Town Board approval of such positions. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Agreement/Highway:

Councilor Ulatowski moved the adoption of a resolution approving an Agreement authorizing the Highway Superintendent to expend General Town Highway Funds for highway general repairs for a sum not to exceed $1,342,370.00 and for highway improvements in a sum not to exceed $264,139.00 for the year 2003. Motion was seconded by Councilor Palmer.

Ayes-7 and Noes-0. Carried.

Contract/Personnel - Highway:

Councilor Bray moved the adoption of a resolution approving a contract with INDUSTRIAL MEDICAL ASSOCIATES, P.C. for the Omnibus Transportation Employee Testing for the Highway Department and authorizing the execution of same. (The contract with OCM BOCES for the Drug and Alcohol Testing Program is terminated.) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Authorization/Grant - JUSTICE COURT ASSISTANCE PROGRAM APPLICATION:

Councilor Edick moved the adoption of a resolution authorizing an application to JUSTICE COURT ASSISTANCE PROGRAM GRANT APPLICATION for two computers with monitors, a portable metal detector and an American and a New York State Flag, in the amount of approximately $3,100.00, and further authorizing the Supervisor to execute the necessary documents therefore. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Project (Final Plans) - CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT:

Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for the CLAY FIRST ASSOCIATES – ROUTE 31 COMMERCIAL PROJECT (Euclid Sewer District, Extension No. 7, Contract No. 1 Lateral and Clay First Associates Drainage District, Contract No. 1 Lateral) and authorizing the Supervisor to execute the necessary forms therefore. (Contract documents) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Street Lights - THREE RIVERS TOWN PROPERTY:

Councilor Palmer moved the adoption of a resolution authorizing Niagara Mohawk Power Corporation to install one (1) 400-watt sodium street light on the THREE RIVERS TOWN PROPERTY, at a location to be determined at the discretion of the Town of Clay Highway Department and to be charged to the Town of Clay on a yearly contract basis and one (1) 250 Watt sodium street light at Pole Number 96 on Route 57, to be charged to the Consolidated Lighting District and further authorizing the Supervisor to execute the necessary contracts therefore. The installation of such street lights shall be installed in an expeditious manner. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 10:50 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.

Archived Minutes