May 17, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 17th of May, 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
Vivian I. Mason                  Town Clerk
David Tessier                      Commissioner of Planning & Development
Robert Germain                   Town Attorney
Doug Wickman                  Town Engineer

ABSENT:
Robert L. Edick                   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 Regular Town Board Meeting held on May 3, 2004. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business: None.

Zone change - Town Board Case #898 (PH) - ELLEN DUDLEY, HILARY CLINGER
and DANE DUDLEY (GOLD DUST SALON, LLC):

A public hearing to consider the application of ELLEN DUDLEY, HILARY CLINGER and DANE DUDLEY (GOLD DUST SALON, LLC) for a change of zone from Agricultural (A-1) District to Office and Retail Store (C-2) District on property located at 8565 Morgan Road, (Tax Map # 055.-01-14.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Jeff Davis, of Hiscock and Barclay, LLP, explained that the parcel is almost on the southwest corner of State Route 31 and Morgan Road. Locating it by tax map, he noted that this parcel is about 141 feet from the intersection. They feel the recommended zoning of this parcel under the 1999 Route 31 & Route 57 Land Use and Circulation Study is not what they are seeking,
but they feel because the area has changed this parcel should be commercial. He noted that the town Planning Board recommended approval based on the existing changes in the area.

Supervisor Rupprecht read the Onondaga County Planning Board’s recommendation for disapproval because they feel the zone change would not be consistent with the surrounding area or land use proposed by the Route 31 & Route 57 Land Use and Circulation Study.

Councilor Bray noted that the land use at that intersection has had a dramatic impact and that it is a “red flag” area and the board needs to be cautious with changes in that area.

Councilor Rowley asked what size structure could be built in a C-2 and Commissioner Tessier said a 15,000 square foot structure.

Russ Mitchell of Clairmont-Four Seasons stated that he would like the Hamlet of Clay kept in character. He added that he didn’t feel the C-2 would be detrimental to the character.

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

Zone change - Town Board Case #900 (PH) - ENRICO SCARDA, ESQ., and CLAY
COMMONS PARTNERSHIP:

A public hearing to consider the application of ENRICO SCARDA, ESQ., and CLAY COMMONS PARTNERSHIP, for a change of zone from Office (C-1) District to Shopping Center (C-5) District on property located on 8121 Oswego Road, (Tax Map #066.-01-47.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Chris Danaher, with Shulman Curtin Grundner & Regan, P.C., who is representing the applicant, explained that this request is for a .6 acre parcel that they would like to merge with their C-5 shopping center. Next to this parcel is an insurance office that is zoned C-1. The next parcel is the mobile home court.

Supervisor Rupprecht asked if they would need a variance for this parcel and Mr. Danaher said he did not know at this point.

Councilor Bray asked if there was C-5 property that was not developed yet and Mr. Danaher said yes. She also asked if there was a recommendation from the Onondaga County Planning Board. Supervisor Rupprecht read the OCPB recommendation that states that there will be no significant adverse implications, but added two comments, one regarding drainage and the
other regarding access, which they would like through Clay Commons.

Councilor Rycraft asked if this parcel was to be part of the Clay Commons shopping center, and Mr. Danaher stated that they would like this to be an out parcel. Councilor Rycraft then asked if this parcel would help them better develop the existing shopping center and make improvements to it.

Lee Rosner, a partner of Clay Commons Partnership, said yes.

Councilor Palmer said that with not knowing what would be built on this parcel, he had to look at its most intense use. He would like an environmental impact statement. If there was a separate curb cut he has concerns. It is a major intersection and full development of the other
undeveloped acres could have a big impact.

Councilor Bray commented that she had not realized there was so much undeveloped C-5 land.  There would be a potential impact on the intersection with full development.

Mr. Rosner stated that there were 14½ acres already developed and a remaining 12½ undeveloped acres.

Supervisor Rupprecht said he felt it was premature to ask for an environmental impact statement.

Russ Mitchell said he agrees that this should be a C-5; it’s a small parcel. He added that the Planning Board had talked about a right in, right out access.

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

Motion was made by Councilor Palmer to adjourn the public hearing to June 7, 2004, to commence at 7:38 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Zone change (PH) - Town Board Case #899 - CARL ERIKSON and ERIKSON LAND COMPANY, INC.:

A public hearing to consider the application of CARL ERIKSON and ERIKSON LAND COMPANY, INC., for a change of zone from Office (C-1) District to Office and Retail Store (C-2) District on property located at 3571 State Route 31 (Tax Map No. 019.-02-28.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Carl Erikson explained that this house takes up a corner portion of the parcel where his new Meineke shop is being constructed. They would like to open an embroidery/screen printing shop. There is other commercial business in the area, and this business would have limited traffic, as most of the business is outside sales. The only change in the house would be the addition of handicap access. The parcel consists of .3 acres.

Councilor Palmer said he would like the driveway to be shared with the adjacent muffler shop.

Councilor Rycraft questioned the arterial setback, and Commissioner Tessier noted that it is a legal non-conforming structure and the arterial setback wouldn’t apply.

Carol Romano said the house is appropriate for what she wants to use it for and it is in excellent condition.

Dave Arnold said he was against a different zone and feels it is not an improvement in land use.

Supervisor Rupprecht asked if a change of use would require a site plan and curb cut approval  before the Planning Board and Commissioner Tessier said yes.

Mr. Erikson said he was already considering sharing the driveway with his business and if the Planning Board agrees, he could do that.

Supervisor Rupprecht read the Onondaga County Planning Board’s recommendation, which was that said referral will have no significant adverse inter-community or county-wide implications.

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

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. Proof of publication and posting was furnished by the Town Clerk. (Adjourned to this date and time at the 5-3-04 Town Board Meeting.)

Robert Ventre, the attorney representing the applicant, gave a brief overview of their project.  It is a 40 acre parcel adjacent to the Town of Cicero’s boundary and they would like to construct residential homes. The Lawton Valley Hunt Tract, a residential tract under development, is across form this proposed project (the south side of Route 31).

Mr. Faulkner, with Clough Harbour, reviewed the possible curb cuts off Legionaire Drive and State Route 31, and gave a brief traffic report. They feel they are not changing the level of service at the intersection of State Route 31 and Route 11.

Councilor Palmer asked if they had taken Lawton Valley Hunt Tract into account when they did their traffic report and Mr. Faulkner said no.

Supervisor Rupprecht read the Onondaga County Planning Board’s recommendation of modifications, and noted that the Town Planning Board recommended approval.

Attorney Ventre said they feel this development compliments the southern side residential.

David Arnold said he thought it was the Town’s policy to fill in the southern portion of State Route 31 before the northern side. He would like to wait, and see the Industrial Park materialize.

Councilor Palmer noted that the Industrial Zone has been in place for 30 years with no development yet.

Attorney Ventre stated that development is difficult on the south side of State Route 31 because there are no sewers.

Councilor Bray commented that there is more interest by the State and the Counry with regard to development of the Industrial Park.

Supervisor Rupprecht commented that if it does materialize he foresees Route 31 becoming a four lane highway.

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

Motion was made by Councilor Bray to adjourn the public hearing to June 7, 2004, to commence at 7:41 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Zone change - Town Board Case #897 (PH) - ALLIE JORDAN, LLC:

A public hearing to consider the application of ALLIE JORDAN, LLC, for a change of zone from One-Family Residential (R-1) District to Shopping Center (C-5) District on property located on Brewerton Road, a portion of 3717 Brewerton Road is in the Town of Salina, (Tax Map # 117.-11-26.0) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. (Adjourned to this date and time at the 5-3-04
Town Board Meeting.)

Tony Caruso, representing the applicant, gave a brief recap. The corner of the parcel that lies in the Town of Clay was never zoned for the same use as the remaining portion of the parcel.  They would like this corner to be zoned a C-5 to match up with the portion in the Town of Salina, so that they can open a nightclub. The Clay portion will be used for parking. He
explained that the Salina Town Board had voted no for their portion to be a nightclub, due to a lack of parking. The applicant sued under an article 78 and the court said there was no reason to deny and that denial was unlawful. Salina will have to issue a special use permit. He add that
the Town of Clay Planning Board recommended that it be zoned a C-2.

Commissioner Tessier noted that according to Salina the building capacity is 650 people.

Councilor Ulatowski asked about a buffer and Mr. Caruso said they would be putting up a 6 foot fence all around the property. Commissioner Tessier added that a 25 foot perimeter strip is required when abutting other uses.

Homer Gere said he felt a nightclub was not compatible to the area and feels a 6 foot fence won’t be much protection.

Supervisor Rupprecht noted that the Onondaga County Planning Board recommended disapproval.

Several businesses and residents again voiced their concerns for their property, their safety and their welfare should a nightclub be allowed.

Councilor Palmer said he felt that because Salina had allowed a nightclub in the past, it was difficult for the Judge to deny their request for a special permit. He feels the Town Board should look at the whole part of the property’s use, and feels the parcel is important to Town of Clay residents.

Mr. Caruso concluded his presentation by saying that all these concerns were expressed to the Salina Planning Board. The applicant feels this operation will be run differently than in the past.  They will appeal to an older crowd and the new club would probably only have 200 to 300
people on a given night.

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

The Supervisor called for a brief recess at 10:55 P.M. The meeting was called back to order at 11:02 P.M.

Zone Change (PH) - 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: 

A public hearing 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 property located adjacent to New York State Route 31 from Apartment (R-4) District to Shopping Center (C-5) District of approximately 17.93 acres; 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 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. 
(Adjourned to this date and time at the 5-3-04 Town Board Meeting.)

Joe Gerardi noted that the public hearing had been adjourned as they were waiting for the New York State Department of Transportation’s comments and they have been received. There is still a period for comments. They will respond to those comments in regard to the final environmental impact statement and should be ready by the next meeting.

Supervisor Rupprecht read the comments from the New York State Department of Transportation. Mr. Gerardi said he can address those comments and have his response ready for the Town Board.

Supervisor Rupprecht noted that upon closing of the public hearing there is a 10 day comment period. The last day for written comments will be June 1, 2004.

Russ Mitchell said he didn’t see why we need commercial development there. Dave Arnold said the south side was supposed to be residential, and the school would be surrounded by C-5 and he doesn’t understand why no one is here to protest this zone change.

Mr. Gerardi said they would endeavor to buffer the school.

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

Agreement (Lease)/Recreation - LIVERPOOL CENTRAL SCHOOL DISTRICT:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to execute a Lease Agreement between the LIVERPOOL CENTRAL SCHOOL DISTRICT and the TOWN OF CLAY with regard to the use of the school’s facilities for the Town’s Athletic Sports Programs for the current school year and shall extend from June 22nd, 2004 to August 13th, 2004, at a cost of approximately $2,015.00. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Authorization - Indemnification and hold harmless agreement:

Supervisor Rupprecht moved the adoption of a resolution authorizing the Supervisor to execute an indemnification and hold harmless agreement between the Town of Clay and QPK. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Bid - DEMOLITION OF THE CIBRO SITE ASPHALT STORAGE TANKS AT THREE RIVERS:

Councilor Bray moved the adoption of a resolution authorizing the advertisement of bids for THE DEMOLITION OF THE CIBRO SITE ASPHALT STORAGE TANKS AT THREE RIVERS. Said Bids to be received until June 1st, 2004, at 11:00 A.M. Motion was seconded by Councilor Rowley. (This resolution was made to correct bid opening date,
due to holiday closure.)

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 11:25 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.

Archived Minutes