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Town Board Minutes
October 4, 2004
At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the
Town Hall, Clay, New York on the 4th of October, 2004 at 7:30 P.M., there were:
PRESENT:
Mark Rupprecht
Supervisor
James Rowley
Councilor/Deputy Supervisor
David R. Palmer
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:
Clarence A. Rycraft
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 Palmer moved the adoption of a resolution approving the Minutes of the Regular
Town Board Meeting held on September 20, 2004, with the following addition under
correspondence/other business, regarding the award presented to the Town for the Horseshoe
Island Low Pressure Sewer System: Present also was Orrin MacMurray, President of C
& S Engineers. Motion was seconded by Councilor Ulatowski.
Ayes-6 and Noes-0. Carried.
Correspondence/Other Business:
The Supervisor said that they anticipate a 4.5% tax increase. There are no major changes.
The Supervisor also announced the retirement of the Assessor, Hal Henty, in January 2005.
He complimented Mr. Henty on doing a tremendous job for the Town.
Supervisor Rupprecht explained that Councilor Rycraft had an illness in the family and is absent
from tonights meeting. As he wants to be able to vote on the Napolitano zone change, the
Board will be by passing the two resolutions.
Budget - TOWN BUDGET 2005:
The Town Clerk presented the 2005 TOWN OF CLAY TENATIVE BUDGET to the Town Board members, pursuant to Town Law.
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:
No action taken. The Supervisor said he would like Councilor Rycraft to be able to cast a vote
for this resolution. He is absent tonight due to an illness in his family.
Zone Change (no decision) - 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:
No decision made, as Councilor Rycraft was not present.
Zone change (SEQR) - Town Board Case #901 - GARY J. HAFNER:
No action. No reply from the Onondaga County Department of Transportation yet.
Zone change - Town Board Case #901 - GARY J. HAFNER:
No action. No reply from the Onondaga County Department of Transportation yet.
Zone change (PH) - Town Board Case #904 Amended - KELLY-TOBIN DEVELOPMENT
CORPORATION:
A public hearing to consider the amended application of KELLY-TOBIN DEVELOPMENT
CORPORATION for a change of zone from Agricultural (A-1) District and One-Family
Residential (R-2) District to Office and Retail Store (C-2) District on property, consisting
of 6.8 acres, located at the southwest corner of New York State Route 31 and Lawton Road
at Legionnaire Drive (part of Tax Map No. 077.-01-01.1 and all of 077.-01-01.2) was opened
by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.
Hal Romans, Surveyor, explained that they had originally asked for a C-5, but they are
amending their request to a C-2 for 6.8 acres.
Councilor Palmer said he had concerns with curb cuts.
Councilor Bray asked if a traffic study was done and Mr. Wickman, the Town Engineer, said
that they have proposed mitigation by putting in a traffic light. They are using the same traffic
report that they used for the C-5 and this use should be less intensive.
Councilor Palmer said he had concerns with Lawton Road, and that they should try to get the
Town of Cicero to improve it. Part of it is in the Town of Cicero so it should be a joint effort.
Betty Freeman said Lawton Road is a rural road and that a curb cut on it would not be a good
idea. She also asked where the drainage would go, as they have problems on Lawton already.
Hal Romans said that he feels they have sufficient area for drainage.
Dave Arnold said he was against any commercial use there. He noted excerpts from the Route
31 corridor study, which he feels does not support piecemeal commercial development in that
area.
The Supervisor commented that residents need commercial development interspersed in
neighborhoods.
Mary Rapp stated that there are stores easily accessible. Traffic on Lawton is dangerous. She
also voiced concerns regarding drainage. Don Rapp inquired about the traffic report and the
Supervisor told him that he could come in and view it any time.
Councilor Edick said he would like to see one building built there, not three separate ones with
green space between them.
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 October 18, 2004,
commencing at 7:47 P.M. local time. Motion was seconded by Councilor Rowley.
Ayes-6 and Noes-0. Carried.
Zone change (PH)- Town Board Case #907 - GEORGIAN COURT ENTERPRISES,
LLC,:
A public hearing to consider the application of GEORGIAN COURT ENTERPRISES,
LLC, for a change of zone, amendment of the Restrictive Covenants filed in the Onondaga
County Clerks Office March 15th, 1995, to change from the approved limit of 72 apartment
units in 18 buildings with Ύ acre open space restriction on a portion of the existing Apartment
(R-4) District with certain restrictions to Apartment (R-4) District amending
restrictions with Town Board approval to allow 94 apartment units in 4 buildings, a
community and maintenance building, with 3 to 4 acres of open space, off of Grampian
Road, and all other restrictive covenants will remain in full force and effect on property
located northerly of Grampian Road, westerly of Morgan Road and southerly of John Glenn
Boulevard, (Tax Map No. 104.-03-12.0) was opened by the Supervisor. Proof of publication
and posting was furnished by the Town Clerk.
Attorney Robert Romeo, representing the applicant, gave a brief overview of their request.
Hal Romans exhibited plans showing the layout of the original request back in 1995 as
compared to what they would like to do now. They feel the new layout provides more green
space. There will be a maintenance and community building.
Attorney Romeo explained that there has been a change in the market and they feel this
development will be an enhancement to the area.
Robert Williams said he had concerns regarding drainage.
Supervisor Rupprecht read the Onondaga County Planning Boards
recommendation.
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 October 18, 2004,
commencing at 7:50 P.M. local time. Motion was seconded by Councilor Ulatowski.
Ayes-6 and Noes-0. Carried.
Traffic & Vehicles/Stop Signs (PH) - OAKWOOD DRIVE/CEDARCREST
CIRCLE:
A public hearing to consider amendment of Chapter 211 entitled Traffic & Vehicles
Ordinance, Section 211-42, Schedule IX, Stop Intersections of the Town of Clay Code, to
designate and provide for STOP SIGNS at the intersection OAKWOOD DRIVE and
CEDARCREST CIRCLE and for the installation of all necessary signs therefore was opened
by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.
Mary Lynn Brennon explained that Oakwood Drive used to be a dead end but with further
development the street has been extended and has become a cut through. Ms. Brennon had
submitted a petition with 22 signatures.
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 9:10 P.M. The meeting reconvened at 9:14 P.M.
Traffic & Vehicles/Stop Signs (PH) - SWALLOW PATH/WARBLER WAY:
A public hearing to consider amendment of Chapter 211 entitled Traffic & Vehicles
Ordinance, Section 211-42, Schedule IX, Stop Intersections of the Town of Clay Code, to
designate and provide for STOP SIGNS at the intersection SWALLOW PATH and
WARBLER WAY, (thus creating a three way stop) and for the installation of the necessary
signs therefore was opened by the Supervisor. Proof of publication and posting was furnished
by the Town Clerk.
Richard Leonardo explained that the development has grown and Warbler Way has become
a busy highway. Its difficult for traffic coming out of Swallow Path. Signs would also slow
down the speeders.
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 #906 - ANCOR, INC., and ANTHONY V.
CALASCIBETTA:
A public hearing to consider the application of ANCOR, INC., and ANTHONY V.
CALASCIBETTA for a change of zone from Office and Retail Store (C-2) District to
Restaurant (C-8) District on property located at 8195 Oswego Road, (Tax Map No.: 066.-
01-43.2) was opened by the Supervisor. Proof of publication and posting was furnished by the
Town Clerk. (Adjourned to this date and time at the 9-20-04 Town Board Meeting.)
Supervisor Rupprecht explained that the outstanding issue was the definitions of the C-6 and
the C-8. The Supervisor explained that the C-6 was designed for the 1960's when they had
drive-in restaurants. That type does not exist anymore. The C-8 is appropriate.
Commissioner Tessier said that the Planning Board recommended approval.
Dave Arnold said that he was in favor of the zone change.
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 (SEQR) - Town Board Case #906 - ANCOR, INC., and ANTHONY V.
CALASCIBETTA:
Councilor Rowley moved the adoption of a resolution that the application of ANCOR, INC.,
and ANTHONY V. CALASCIBETTA for a change of zone from Office and Retail Store
(C-2) District to Restaurant (C-8) District on property located at 8195 Oswego Road,
(Tax Map No.: 066.-01-43.2) 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.
Ayes-6 and Noes-0. Carried.
Zone change (A) - Town Board Case #906 - ANCOR, INC., and ANTHONY V.
CALASCIBETTA:
Councilor Rowley moved the adoption of a resolution approving the application of
ANCOR, INC., and ANTHONY V. CALASCIBETTA for a change of zone from Office and Retail
Store (C-2) District to Restaurant (C-8) District on property located at 8195 Oswego
Road, (Tax Map No.: 066.-01-43.2). Motion was seconded by Councilor Palmer.
Supervisor Rupprecht
yes Councilor Palmer yes
Councilor Rowley - yes
Councilor Rycraft absent
Councilor Bray yes
Councilor Ulatowski yes
Councilor Edick yes
Carried.
Zone change (PH) - Town Board Case #903 - CHARLES L. HAFNER:
A public hearing to consider the application of CHARLES L. HAFNER for a change of zone
(10 parcels of land) from One-Family Residential (R-1) District, Residential Office (R-6)
District and Office and Retail Store (C-2) District to Shopping Center (C-5) District on
properties located at 7281, 7275, 7265, 7271+, 7261 and 7251 Buckley Road (Tax Map
Nos. 107.-12-29.0, 31.1, 32.1, part of 32.2, 33.1, 34.1 and 34.2, respectively), and 5121,
5119, 5115 and 5113 West Taft Road (Tax Map Nos. 107.-12-37, 38, 39, 40.1,
respectively) consisting of 11.35 acres, more or less, and from Residential (R-1) District to
Agricultural (A-1) District on property located on Buckley Road (Part of Tax Map No.
107.-12-32.2 9.50, more or less, acres) was opened by the Supervisor. Proof of publication
and posting was furnished by the Town Clerk. Adjourned to this date and time at the
September 20th, 2004 Town Board Meeting.
Attorney Michael Hrab gave a brief overview of the covenant they are offering. It will include
a 50 foot buffer strip for the A-1 parcel, as long as it is zoned A-1. For the C-5 the uses that will
not be permitted are basically used car sales, gas station, car wash, auto rental and a restaurant
over 5,500 square feet.
Councilor Palmer thanked the applicant for the voluntary covenants addressing the Town
Boards concerns.
Commissioner Tessier commented that the Planning Board recommended approval with
receipt of the covenants on the C-5. Supervisor Rupprecht added that the Onondaga County
Planning Board recommended some modifications prior to local Board approval.
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.
Traffic & Vehicles/Stop Signs (A) - LAWTON VALLEY HUNT TRACT, SECTION
NO. 4, 5 & 6:
Councilor Edick moved the adoption of a resolution approving on motion of the Town Board,
pursuant to the recommendation of the Town of Clay Planning Board, amending Chapter 211
entitled Traffic & Vehicles Ordinance, Section 211-42, Schedule IX, Stop Intersections
of the Town of Clay Code, designating and providing for STOP SIGNS within the
LAWTON VALLEY HUNT TRACT, SECTION NO. 4, at the following location: on the
western corner at the intersection of Dongara Lane and Ernest Way, at the southeastern corner
of Parcel # 118; LAWTON VALLEY HUNT TRACT, SECTION NO. 5 at the following
location: at the eastern corner at the intersection of Dongara Lane and Ernest Way, on the
northwestern corner of Parcel # 110; and LAWTON VALLEY HUNT TRACT, SECTION NO. 6, at the following locations: on the northeastern corner at the intersection
of Barcaldine Drive and Ernest Way; on the eastern corner at the intersection of Harriet
Fisher Drive and Ernest Way and on the southern corner at the Intersection of Brisbane
Trail and Harriet Fisher Drive and the installation of all the necessary signs
therefore. Motion was seconded by Councilor Palmer.
Supervisor Rupprecht yes
Councilor Palmer yes
Councilor Rowley - yes
Councilor Rycraft absent
Councilor Bray yes
Councilor Ulatowski yes
Councilor Edick yes
Carried.
Traffic & Vehicles/Stop Signs (A) - HUNTER RUNNE TRACT:
Councilor Edick moved the adoption of a resolution approving on motion of the Town Board,
pursuant to the recommendation of the Town of Clay Planning Board amendment of Chapter
211 entitled Traffic & Vehicles Ordinance, Section 211-42, Schedule IX, Stop
Intersections of the Town of Clay Code, designating and providing for STOP SIGNS within
the HUNTER RUNNE TRACT at the following locations: on the eastern corner at the
intersection of Nutcracker Trail and Underbrush Trail; on the northern corner at the
intersection of Underbrush Trail and Sutcliffe Drive at the southwestern corner of Lot # 20;
on the western corner at the intersection of Nutcracker Trail and Sutcliffe Drive and on the
western corner at the intersection of Underbrush Trail and Sutcliffe Drive, at the
southeastern corner of Lot # 15 and the installation of all the necessary signs therefore. Motion
was seconded by Councilor Bray.
Supervisor Rupprecht yes
Councilor Palmer yes
Councilor Rowley - yes
Councilor Rycraft absent
Councilor Bray yes
Councilor Ulatowski yes
Councilor Edick yes
Carried.
Traffic & Vehicles/Stop Signs (A) - VILLAGES AT FAIRWAY EAST TRACT,
SECTION NO. 1:
Councilor Ulatowski moved the adoption of a resolution approving on motion of the Town
Board, pursuant to the recommendation of the Town of Clay Planning Board amendment of
Chapter 211 entitled Traffic & Vehicles Ordinance, Section 211-42, Schedule IX, Stop
Intersections of the Town of Clay Code, designating and providing for STOP SIGNS within
the VILLAGES AT FAIRWAY EAST TRACT, SECTION NO. 1, at the following locations: on the northwest corner at the intersection of Fairway Drive East and Green River
Way, north of Poseidon Circle; on the southeast corner at the intersection of Green River
Way and Trellis Brook Lane; and on the western corner at the intersection of Fairway Drive
East and Trellis Brook Lane; and the installation of all the necessary signs therefore. Motion
was seconded by Councilor Bray.
Supervisor Rupprecht yes
Councilor Palmer yes
Councilor Rowley - yes
Councilor Rycraft absent
Councilor Bray yes
Councilor Ulatowski yes
Councilor Edick yes
Carried.
Traffic & Vehicles/Stop Signs (A) - OAKWOOD DRIVE/CEDARCREST
CIRCLE:
Councilor Palmer moved the adoption of a resolution approving amendment of Chapter 211
entitled Traffic & Vehicles Ordinance, Section 211-42, Schedule IX, Stop Intersections
of the Town of Clay Code, designating and providing for STOP SIGNS at the intersection
OAKWOOD DRIVE and CEDARCREST CIRCLE, thereby creating a 4-WAY STOP, and for the installation of all necessary signs therefore. Motion was seconded by Councilor
Edick.
Supervisor Rupprecht yes
Councilor Palmer yes
Councilor Rowley - yes
Councilor Rycraft absent
Councilor Bray yes
Councilor Ulatowski yes
Councilor Edick yes
Carried.
Traffic & Vehicles/Stop Signs (A) - SWALLOW PATH/WARBLER WAY:
Councilor Bray moved the adoption of a resolution approving amendment of Chapter 211
entitled Traffic & Vehicles Ordinance, Section 211-42, Schedule IX, Stop Intersections
of the Town of Clay Code, designating and providing for STOP SIGNS at the intersection of
SWALLOW PATH and WARBLER WAY, (thus creating a three way stop) and for the
installation of the necessary signs therefore. Motion was seconded by Councilor Palmer.
Supervisor Rupprecht yes
Councilor Palmer yes
Councilor Rowley - yes
Councilor Rycraft absent
Councilor Bray yes
Councilor Ulatowski yes
Councilor Edick yes
Carried.
Appointments - MOYERS CORNERS FIRE DEPARTMENT, INC.:
Councilor Rowley moved the adoption of a resolution approving the appointment of AUSTIN
LEATHERS, REY MARTINEZ and RYAN WELCH at STATION 1; DONALD KEELER, STANLEY MEMMELAAR and SCOTT RAWLINS at STATION 3 and
MATTHEW HAWKINS at STATION 4 as a volunteer members of the MOYERS CORNERS FIRE DEPARTMENT, INC. Motion was seconded by Councilor Edick.
Ayes-6 and Noes-0. Carried.
Contract - SPCA:
Councilor Bray moved the adoption of a resolution approving a contract between the TOWN
OF CLAY and the SPCA for the calendar year 2005, which includes a rate increase in the
surrender fee from $75.00 to $80.00 per animal and further authorizing the Supervisor to
execute same. Motion was seconded by Councilor Edick.
Ayes-6 and Noes-0. Carried.
Project (Final Plan) - DELL CENTER, SECTION NO. 3 CLAY SHOPPING CENTER LOT NO. 4 PETSMART
PROJECT:
Councilor Ulatowski moved the adoption of a resolution approving the Final Plans for the
DELL CENTER, SECTION NO. 3 CLAY SHOPPING CENTER LOT NO. 4
PETSMART PROJECT (Grossmans Drainage District, Contract No. 3 Lateral and Clay
Shopping Center Drainage District, Contract No. 3 Lateral) and authorizing the Supervisor to
execute the necessary forms therefore. (Contract documents) Motion was seconded by
Councilor Bray.
Ayes-6 and Noes-0. Carried.
Budget - Tentative 2005 Budget:
Councilor Rowley moved the adoption of a resolution calling an informational hearing
October 18th, 2004, commencing at 7:35 P.M., local time, to consider the TENTATIVE
BUDGET FOR THE TOWN OF CLAY FOR THE YEAR 2005. Motion was seconded by Councilor Palmer.
Ayes-6 and Noes-0. Carried.
Zone Change (CPH)- Town Board Case #908 - JOLU DEVELOPMENT COMPANY and JOHN G. and ALEXANDER J. TOOLEY:
Councilor Bray moved the adoption of a resolution calling a public hearing October 18th,
2004 commencing at 7:38 P.M., local time, to consider the application of JOLU
DEVELOPMENT COMPANY and JOHN G. and ALEXANDER J. TOOLEY for a change of zone from Agricultural (A-1) District to One-Family Residential (R-1A)
District on property located at 5401-5501 New York State Route 31, consisting of 40.2±
acres, (Tax Map No. 051.-01-02.1). Motion was seconded by Councilor Edick.
Ayes-6 and Noes-0. Carried.
Zone Change (CPH)- Town Board Case #909 - FRED JAMES KLOPFER:
Councilor Bray moved the adoption of a resolution calling a public hearing October 18th,
2004 commencing at 7:41 P.M., local time, to consider the application of FRED JAMES
KLOPFER for a change of zone from Agricultural (A-1) District to Residential Office (R-6) District on property located at 314 Rural Lot, Oswego Road, just north of Linda Lane,
consisting of approximately 1.35 acres, (Tax Map No. 018.-02-13.0). Motion was seconded
by Councilor Ulatowski.
Ayes-6 and Noes-0. Carried.
Traffic & Vehicles/Stop Signs - Underbrush Trail and Pinegate
Parkway:
Councilor Edick moved the adoption of a resolution calling a public hearing October 18th,
2004, commencing at 7:44 P.M., local time, to consider amendment of Chapter 211 entitled
Traffic & Vehicles Ordinance, Section 211-41, Schedule IX, Stop Intersections of the
Town of Clay Code, to designate and provide for a STOP SIGN on UNDERBRUSH TRAIL at the intersection of PINEGATE PARKWAY and the installation of the necessary
signs therefore. Motion was seconded by Councilor Palmer.
Ayes-6 and Noes-0. Carried.
Adjournment:
The meeting was adjourned at 9:50 P.M. upon motion by Councilor Bray and seconded by
Councilor Rowley. Ayes-6 and Noes-0. Carried.
Archived Minutes
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