March 1, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 1st of March, 2004 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
   Robert Germain                         Town Attorney
   Doug Wickman                         Town Engineer

ABSENT:
   David Tessier                          Commissioner of Planning & Development

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 February 2, 2004. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Correspondence/Other Business:

The Supervisor stated that correspondence had been received, but it had to do with an item on the agenda and he would present it at that time.

Zone Change (PH)- Town Board Case # 889 - JOLU DEVELOPMENT COMPANY and JOHN G. TOOLEY and ALEXANDER J. TOOLEY:

A public hearing to consider the application of JOLU DEVELOPMENT COMPANY and JOHN G. TOOLEY and ALEXANDER J. TOOLEY for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on property located at 5401- 5501 State Route. 31, being the northwest corner of Route 31 and the Town of Clay/Cicero town line (Tax Map No. 051.-01-02.1) was opened by the Supervisor. Adjourned to this date and time at the January 5th, 2004 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk. 

Robert Ventre, the attorney representing the applicant, explained that their traffic study is not completed yet and they would like the hearing adjourned to April.

Councilor Bray moved the adoption of a resolution adjourning the public hearing to April 5, 2004, to commence at 7:38 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. 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, at the northeast corner of Oswego Road (Tax Map No. 067.-01-06.2) was opened by the Supervisor. Adjourned to this date and time at the January 21st, 2004 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht noted that this was the correspondence he had received and it was with regard to this proposed zone change. Some of it was in favor and some of it was in opposition.

Paul Curtin, the attorney representing the applicant, explained that the parcel is located on the northeast corner at the intersection of Route 57 and Soule Road, and consists of 2.59 acres. They are proposing to relocate their present store in Seneca Mall and build a freestanding drug store. This parcel has C-1 zoning on two sides and Route 57 and Soule Road on the other two. A petition was presented with 601 signatures in favor, which was signed at their Seneca Mall store. They also mailed 6200 flyers/postcards.

Mr. Curtin said that they feel the character of the neighborhood will not change with the addition of this drug store and that the drive-through pharmacy is not a traffic generator. They stated that the County Department of Transportation doesn't see any problem with curb cuts on Route 57 and Soule Road. Mr. Curtin also noted that the Onondaga County Planning Board and the Town Planning Board made negative recommendations.

Councilor Palmer said he understood that Eckerd was going to be sold. Mr. Curtin said he felt that this was not relevant.

Councilor Rycraft said he felt a C-2 is not the intent of zoning in the area of this proposed Eckerd Drug Store. He also stated that he had concerns about storage containers on the property. Joseph Kane of Westlake Development, said he felt this would not be a problem on this site.

Councilor Rycraft said he had concerns with the zoning use if Eckert Drugs leaves the site.

Councilor Ulatowski asked for the demographics of the postcards and Mr. Kane said they were sent to residents within a one mile radius.

Mr. Curtin said their customer base is strong enough to support three Eckerd Drug Stores in the area. He presented the traffic report, copies of the postcards that were returned, and the petition for the record.

Many residents addressed concerns for the traffic, the ingress and egress that may cause vehicle accidents with its proximity to the medical complex on the southeast corner. Other residents inquired about fencing, trees, and the number of parking spaces. Another resident voiced concern over the fact that when the Eckerd Drug Store vacates their Seneca Mall location, another vacancy will exist there. Mr. Kane said they will endeavor to lease it out. Several residents said they felt this commercial zoning would be too close to residential zoning.

Several residents asked why they didn't consider another location and Mr. Kane said that Eckerd likes to construct their business on a three or four way intersection.

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

Mr. Curtin gave a brief closing statement, stating that times have changed and Eckerd has to move their store in order to survive.

The Supervisor asked for those in favor, there were 18, and for those opposed, there were 23. Opposition was voiced by several residents, and Dave Arnold said he was opposed because the 1965 land use study did not support this kind of development. The Supervisor asked for those in favor and there were eighteen. All persons wishing to be heard having been heard the hearing was closed.

The Supervisor called for a brief recess at 10:00 P.M. The Town Board Meeting reconvened at 10:10 P.M.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of DAVID J. HOUDE, SR., as a volunteer member of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.



Securities (release)/Project - LAWTON VALLEY HUNT TRACT, SECTION NO. 6:

Councilor Rowley moved the adoption of a resolution, pursuant to the written recommendation of the Town Engineers, authorizing the release of $9,792.00 (Key Bank Letter of Credit No. S305310) security posted for the repair and maintenance guarantee for public utilities located within the LAWTON VALLEY HUNT TRACT, SECTION NO. 6 (Dongara Knolls Sewer District, Extension No. 1, Contract No. 1 Lateral - $6,753.00 and Dongara Knolls Drainage District, Extension No. 1, Contract No. 1 Lateral - $3,039.00) to the developer KELLY-TOBIN DEVELOPMENT CORP. The Town Engineers have performed a one year inspection of the sanitary sewer and drainage system within the aforementioned tract and found them to be in satisfactory condition. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Carried.

Traffic & Vehicles (stop signs) CPH:

Councilor Edick moved the adoption of a resolution calling a public hearing March 15th, 2004, commencing at 7:35 P.M., local time, to consider amendment of Chapter 211 entitled Traffic and Vehicles to provide for STOP SIGNS one on the east side and one on the west side of PALOMINO PATH where it intersects with WINDGATE ROAD, and STOP SIGNS on HARVEST LANE where it intersects with PALOMINO PATH , thus creating a 3-WAY STOP, as a stop sign already exist on Palomino Path, and the installation of the necessary signs therefore. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Special Districts (Water)/Project (CPH) - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10, 11 and future sections:

Councilor Edick moved the adoption of a resolution calling a public hearing March 15th, 2004, commencing at 7:38 P.M., to consider a petition for the creation of a water supply district within the Town of Clay to be designated and known as "LAWTON VALLEY HUNT WATER SUPPLY DISTRICT". (Lawton Valley Hunt Tract, Sections No. 10, 11 and future sections.) Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Carried.

Special Districts (Lighting)/ Project (CPH) - LAWTON VALLEY HUNT TRACT, SECTIONS NO. 10, 11 and future sections:

Councilor Edick moved the adoption of a resolution calling a public hearing March 15th, 2004, commencing at 7:40 P.M., local time, to consider a petition for the extension of the Lawton Valley Hunt Lighting District to be designated and known as "LAWTON VALLEY HUNT LIGHTING DISTRICT, EXTENSION NO. 2". (Lawton Valley Hunt Tract, Sections No. 10, 11 and future sections.) Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Carried.

Zone Change (SEQR) - Town Board Case #895 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE: 

Councilor Bray moved the adoption of a resolution that the application of NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for a change of zone of approximately 17.93 acres adjacent to New York State Route 31, from Apartment (R-4) District to Shopping Center (C-5) District; approximately 4.21 acres from Agricultural (A-1) District to Shopping Center (C-5) District and approximately 8.67 acres from Agricultural (A-1) District to Apartment (R-4) District, which totals 30.81 acres (being part of Tax Map Nos. 053.-01-21.1, 053.-01-22.1, 053.-01-23.1 and all of Tax Map No. 053.-01-24.1), the proposed project may have a significant effect on the environment and therefore does require the preparation of an EIS. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case #895 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE: 

Councilor Bray moved the adoption of a resolution calling a public hearing April 5th, 2004, commencing at 7:35 P.M., local time, to consider the application of NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for a change of zone of approximately 17.93 acres adjacent to New York State Route 31, from Apartment (R-4) District to Shopping Center (C-5) District; approximately 4.21 acres from Agricultural (A-1) District to Shopping Center (C-5) District and approximately 8.67 acres from Agricultural (A-1) District to Apartment (R-4) District, which totals 30.81 acres (being part of Tax Map Nos. 053.-01-21.1, 053.-01-22.1, 053.-01-23.1 and all of Tax Map No. 053.-01-24.1) and to review the DRAFT ENVIRONMENTAL IMPACT STATEMENT for said project. Motion was seconded by Councilor Edick. 

Ayes-7 and Noes-0. Carried.

TOWN OF CLAY LANDFILL POST CLOSURE ENVIRONMENTAL MONITORING PROGRAM:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to execute a contract with C & S ENGINEERS, INC., for services to be rendered for the year 2004 in compliance with the DEC Regulations for the TOWN OF CLAY LANDFILL POST CLOSURE ENVIRONMENTAL MONITORING PROGRAM. Said services not to exceed the sum of $29,543.00, which amount includes an estimated $16,325.40 for laboratory testing. Motion was seconded by Councilor Edick. 

Ayes-7 and Noes-0. Carried.

Community Development - Sewers on Gaskin Road:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to make an application for funding in the year 2004 to Community Development in the amount of $100,000.00 for sewers on Gaskin Road and $50,000.00 for paving and infrastructure in Community Development eligible areas and further to execute the necessary forms therefore. Motion was seconded by Councilor Edick. 

Ayes-7 and Noes-0. Carried.

Drainage Operation and Maintenance Charges:

Councilor Rowley moved the adoption of a resolution authorizing the Town of Clay, pursuant to the written request of the property owners, Lucile S. and Stephen E. Sotherden for premises located at 4975 Route 31 and 4588 Weller Canning Street, Clay, New York (Tax Map No. 046.-01-16.0) to begin charging said owners for the annual Town of Clay Drainage Operation and Maintenance Charges as annually assessed for three units per acre. The subject property is not located within a drainage district and the property owners have also agreed to join a drainage district in the future when such district is formed. Motion was seconded by Councilor Rycraft. 

Ayes-7 and Noes-0. Carried.

Onondaga Community Development - Streetscape Improvements:

Councilor Rycraft moved the adoption of a resolution approving a contract between the Town of Clay and the COUNTY OF ONONDAGA (Onondaga Community Development Division) for $150,000.00 in funding for the Streetscape Improvements for a term from September 1st, 2003 through December 31st, 2005, and further authorizing the Supervisor to execute same. Motion was seconded by Councilor Edick. 

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 10:45 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Carried.





Archived Minutes