June 7, 2004

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 7th of June, 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
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:

Naomi Bray                 Councilor

The meeting was called to order by Supervisor Rupprecht at 7:45 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 17, 2004. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

Dave Arnold asked if the Town had received any correspondence from the Liverpool School Board regarding the zone change, and Supervisor Rupprecht said not to his knowledge.

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. (Adjourned to this date and time at the 5-17-04 Town Board Meeting.) Chris Danaher, the applicants’ representative, gave a brief overview of their request.

Supervisor Rupprecht noted that the hearing had been adjourned because the Town was awaiting referrals from the Onondaga County Planning Board and the Town Planning Board. The recommendation of the Onondaga County Planning Board is essentially that they have determined there will be no significant adverse implications. The recommendation of the Town Planning Board is approval with conditions.

Councilor Palmer voiced his concerns about a curb cut, and a lengthy discussion followed. 

The Supervisor called for a brief recess at 8:24 P.M. The meeting was called back to order at 8:27 P.M.

Paul Curtin, an attorney also representing the applicant, noted that a curb cut is part of the Planning Board process, but Councilor Palmer continued his pursuit of this concern, adamant that the Town Board should not allow a curb cut for this parcel. Mr. Curtin stated that the parcel is too small to be a stand alone business and that both Planning Boards were against a curb cut, but that this application is for land use and he reiterated that the curb cut is a Planning Boards’ decision.

Dave Arnold said he was concerned with the small parcel next to it. Mr. Curtin stated that the applicant will never develop this parcel as a stand alone piece.  

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 (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 5-17-04 Town Board Meeting.)

Commissioner Tessier said that the applicant has requested an adjournment to the June 21st meeting, because they are waiting for a response from the State Department of Transportation.

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

Councilor Rowley moved the adoption of a resolution adjourning the public hearing to June 21, 2004, commencing at 7:38 P.M. local time. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

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

Councilor Rowley moved the adoption of a resolution that 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) 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 Rycraft.

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

Carried.

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

Councilor Rycraft moved the adoption of a resolution approving 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). Motion was seconded by Councilor Ulatowski.

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

Carried. 

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

Councilor Rowley moved the adoption of a resolution that 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) 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 Ulatowski.

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

Carried.

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

Councilor Rowley moved the adoption of a resolution approving 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). Motion was seconded by Councilor Ulatowski.

Supervisor Rupprecht – yes     Councilor Palmer – no 
Councilor Rowley - yes           Councilor Rycraft – no
Councilor Bray – absent          Councilor Ulatowski – yes
Councilor Edick – yes

Carried.

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

No action taken regarding SEQR.

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

No action taken regarding a decision.

Appointment - MOYERS CORNERS FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment as volunteer members of the MOYERS CORNERS FIRE DEPARTMENT, INC. – STATION 1, 
KEVIN WISELY; STATION 2 , SEAN KAHERI, KERRY KENNEDY, TASHA SALANO and SCOTT WALPOLE and to STATION 3, DUANE BINGMAN and ANISSA BINGMAN. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case No. 901 - GARY HAFNER:

Councilor Edick moved the adoption of a resolution calling a public hearing June 21st, 2004 commencing at 7:35 P.M., local time, to consider the application of GARY J. HAFNER for
a change of zone from Agricultural (A-1) District to One-Family Residential (R-1) District on property located at 8137 Morgan Road, (Tax Map No. 069.01-04.1) Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

Highway - Personnel:

Councilor Ulatowski moved the adoption of a resolution appointing THOMAS WEAVER as Interim Superintendent of Highways of the Town of Clay, subject to Town Attorney as to
form and content. Motion was seconded by Councilor Palmer.

Ayes-6 and Noes-0. Carried.

278 Proceedings:

Councilor Rycraft moved the adoption of a resolution requesting the Town of Clay Planning Board delay any 278 proceeding on site plans until the joint Town Board and Planning Board Committee on 278 procedures proposes updated 278 rules and regulations. Motion was seconded by Councilor Palmer.

Ayes-4 and Noes-2, Councilor Edick and Supervisor Rupprecht voting no. Carried.

Adjournment:

The meeting was adjourned at 9:00 P.M. upon motion by Councilor Rowley and seconded by Councilor Ulatowski. Ayes-6 and Noes-0. Carried.

Archived Minutes