January 21, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 21st of January 2004 at 7:30 P.M., there were:

PRESENT:
    Mark Rupprecht                       Supervisor
    James Rowley                           Councilor/Deputy Supervisor
    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

ABSENT:
   David R. Palmer                       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 Ulatowski moved the adoption of a resolution approving the Minutes of the Organizational and Regular Town Board Meeting held on January 5, 2004. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

None.

Zone Change (SEQR) - Town Board Case #890 - GROUP ONE DEVELOPMENT, LLC:

Councilor Rowley moved the adoption of a resolution that the application of GROUP ONE DEVELOPMENT, LLC, for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1B) District on property located at 8500± Henry Clay Blvd., (Tax Map No. 061.-01-06.1) 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 Ulatowski.

Supervisor Rupprecht – yes             Councilor Rowley - yes
Councilor Rycraft – yes                     Councilor Bray – yes
Councilor Ulatowski – yes                Councilor Edick – yes

Carried.

Zone Change (A) - Town Board Case #890 - GROUP ONE DEVELOPMENT, LLC:

Councilor Rowley moved the adoption of a resolution approving the application of GROUP ONE DEVELOPMENT, LLC, for a change of zone from Agricultural (A-1) District to One-FamilyResidential (R-1B) District on property located at 8500± Henry Clay Blvd., (Tax Map No. 061.-01-06.1. Motion was seconded by Councilor Bray.

Supervisor Rupprecht commented that he felt this development of 42homes would be good for the community and would be the least negative impact for the property. Councilor Rowley agreed, and asked the Supervisor for the recommendations from the Planning Board and the Onodaga County Planning Board. The Supervisor noted that the Town Planning Board recommendation was in favor of the project and that the County Planning Board's recommendation was that it would have no impact.

Supervisor Rupprecht – yes            Councilor Rowley - yes
Councilor Rycraft – yes                    Councilor Bray – yes
Councilor Ulatowski – yes               Councilor Edick – yes

Carried.

Zone Change (PH) - Town Board Case #893 - WESTLAKE DEVELOPMENT, LLC, and CROSS OF CHRIST EVANGELICAL LUTHERAN CHURCH:

A public hearing to consider the application of WESTLAKE DEVELOPMENT, LLC, and CROSS OF CHRIST EVANGELICAL LUTHERAN CHURCH for a change of zone from Agricultural (A-1) District to Office and Retail Store (C-2) District, on property located at 8131 Soule Road was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained that the applicant would like the Board to adjourn this public hearing to March 1st, as the applicant is out of town. Commissioner Tessier added that the applicant had submitted a revised plan to the County Planning Board for another opinion from them. Their first recommendation was disapproval.

Deborah Schoening stated that she was vehemently opposed to this zone change.

Nancy Lentz voiced concerns also, noting that this would practically be in her back yard.

Don MacLaughlin also added his opposition. He feels it is a highly trafficked area and this would be a high intensity use.

June Baycura, President of the Bayberry Community Association stated that the letter they submitted summarizes their opposition. Supervisor Rupprecht read their letter into the record. (see case file). The Supervisor noted that there was also a letter from the Clairmont-Four Seasons Homeowners Association stating relatively the same reasons for the opposition (see case file).

The Supervisor added that there is a letter from the church to the Planning Board that if the zone change goes through, they will relocate. He advised those that could not be at the next public hearing to participate by writing, e-mailing, etc.

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

Councilor Rycraft moved the adoption of resolution adjourning the public hearing to March 1, 2004, at 7:38 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Zone Change (PH) - Town Board Case #894 - L.R.C., LLC:

A public hearing to consider the application of L.R.C. LLC, for a change of zone from Gasoline Service Facilities (C-4) District to Office and Retail Store (C-2) District, on property located at 7666 Morgan Road was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Michael Hrab, the attorney representing the applicant, explained that the property is located on the southeast corner of Morgan Road and Buckley Road. They would like to sell marble statues, fountains, etc. There are gas stations on two of the other corners and a credit union on the other. All of these are zoned commercial. They feel this project would be of the least intensive use.

The Supervisor asked if the gas tanks had been removed and Mr. Hrab said yes.

Councilor Rycraft asked if it will be a seasonal business and they said it would be year round. They want to start refurbishing in March and be done by April.

Councilor Bray asked the status of any setbacks and Mr. Hrab said it will be in compliance. The building is legal non-conforming.

June Baycura voiced concerns with entrances and exits on Morgan Road.

Joyce Cirrito expressed concern for traffic crossing Morgan Road and having to converge with other traffic.

Councilor Bray noted that County Planning's comment was that access be reduced on Morgan and Buckley Roads as per requirements of the Onondaga County Department of Transportation. She added that people with traffic concerns should notify their County Legislator.

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. 

Project/Sewer (CPH) - Hickory Hill Golf Course – Essig Family LLC:

A public hearing to consider the creation of a sewer district to be designated and known as "BELGIUM SEWER DISTRICT." (Hickory Hill Golf Course – Essig Family LLC) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Doug Wickman, the Town Engineer, gave a brief overview. It is proposed to form the Belgium Sewer District, for the installation of a pumping station and force main. The pumping station will be located and designed to accommodate sewage from Gaskin Road north to Three Rivers. Sewage will be conveyed to the Wetzel Road Treatment Plant. The financing plan is that Essig Family, LLC's portion is $70,000, with Community Development funds of $70,000, and a capital debt of $39,000. Until the facility serves additional homes, financing costs, operation and maintenance costs will be paid by the single benefitted property, the Essig Family, LLC. Mr. Wickman explained that the sewers in Kimbrook are large and it was thought at the time that they could be connected to extensions in the future.

Dave Arnold said he feels sewage should go to Oak Orchard, that it seems more logical to run it gravity-wise. 

The Supervisor explained that Oak Orchard had been considered, but the County envisions this part of Gaskin to Three Rivers in need of sewers and the distance is further to send sewage to Oak Orchard and would need more pumping.

Dave Arnold stated that he doesn't feel we should use public money to fund private residences and the Supervisor stated that Community funds provide infrastructure.

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 - Novara Lane & Caughdenoy:

Councilor Bray moved the adoption of a resolution authorizing the installation of one (1) 150-watt high-pressure sodium light fixture at the intersection of NOVARA LANE and CAUGHDENOY ROAD. The total estimated annual cost of $135.00 is to be charged to the TOWN OF CLAY CONSOLIDATED LIGHTING DISTRICT. (Nimo Pole # 37 Caughdenoy Road) Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Lighting - Willow Stream Wood Tract, Section No. 9:

Councilor Ulatowski moved the adoption of a resolution authorizing the installation of four (4) 100-watt high-pressure sodium light fixtures mounted on 16' fiberglass embedded poles WILLOW STREAM WOOD TRACT, SECTION NO. 9 and to be located on JUNCO TRAIL as shown on the proposal from Niagara Mohawk under date of December 18, 2003, which is on file in the Town Clerk's Office. The estimated annual cost of $1,000.00 is to be charged to the WILLOW WOODS LIGHTING DISTRICT. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Project/Sewer - Hickory Hill Golf Course – Essig Family LLC:

Councilor Rowley moved the adoption of a resolution approving the creation of a sewer district within the Town of Clay to be designated and known as "BELGIUM SEWER DISTRICT". Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Project/Sewer - Hickory Hill Golf Course – Essig Family LLC:

Councilor Rowley 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 located within HICKORY HILL GOLF COURSE (Belgium Sewer District, Contract No. 1 Lateral). Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Project/Sewer/Finance - Hickory Hill Golf Course – Essig Family LLC:

Councilor Ulatowski moved the adoption of a Bond Resolution in the amount of $39,000.00 FOR THE CONSTRUCTION OF THE BELGIUM SEWER DISTRICT, PUMP STATION AND FORCE MAIN. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Project/Sewer/Bids - Hickory Hill Golf Course – Essig Family LLC:

Councilor Ulatowski moved the adoption of a resolution authorizing the advertisement of bids for the CONSTRUCTION OF THE BELGIUM SEWER DISTRICT, PUMP STATION AND FORCE MAIN. Said Bids to be received until February 16, 2004, at 2:00 P.M., local time. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Project/Sewer - Hickory Hill Golf Course – Essig Family LLC:

Suppervisor Rupprecht moved the adoption of a resolution approving the contract drawings for the Belgium Sewer District, Pump Station and Force Main. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Zone change (SEQR) - NAPOLITANO ROUTE 31 COMPANY, LLC.:

Councilor Rowley moved the adoption of a resolution that application of NAPOLITANO ROUTE 31 COMPANY, LLC., for a change of zone on property located at 3838 State Route 31, on the south side, opposite the COR development project, consisting of 33± acres, (Tax Map Nos. 053.-01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-02-34.2) 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. The Town Board proposes that without dissent from another agency the lead agency designated will be the Clay Town Board. Subject to and contingent upon the receipt of a corrected zone change application. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Appointments - MOYERS CORNERS FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of KEVIN QUINN, DOUG ROUSELLE, JOSHUA VEGA and FRANK PIRAINO as volunteer members of Station 2 – MOYERS CORNERS FIRE DEPARTMENT, INC., and CHRISTOPHER JAMES and HUGH WOLF as volunteer members of Station 4 – MOYERS CORNERS FIRE DEPARTMENT, INC. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:50 P.M. upon motion by Councilor Bray and seconded by Supervisor Rupprecht. Ayes-6 and Noes-0. Carried.







Archived Minutes