May 18, 2005

At a Special Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 18th of May, 2005 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
David Tessier                Commissioner of Planning & Development

ABSENT:
Robert Germain             Town Attorney
Doug Wickman              Town Engineer

The meeting was called to order by Deputy Supervisor Rowley at 7:30 P.M. All present joined in the Pledge of Allegiance.

Local Law No. 1 of the Year 2005 (PH) - Zoning Ordinance, Chapter 230(rewrite) and
Local Law No. 1 of the Year 2005 (PH-SEQR) - Zoning Ordinance, Chapter 230(rewrite):

A public hearing to consider Local Law No. 1 of the Year 2005, Repealing the present Chapter 230, “Zoning Ordinance” of the Code of the Town of Clay and adopting a new Chapter 230, entitled “Zoning” to the Code of the Town of Clay was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk. Such
public hearing may be continued on May 23rd, and June 6th, 2005 as necessary. The purpose of this local law involves a complete change to the zoning text, titles, and the zoning map accordingly, (Adjourned to this date and time at the May 16, 2005 Town Board Meeting) and, 

a public hearing for SEQR purposes to consider Local Law No. 1 of the Year 2005, Repealing the present Chapter 230, “Zoning Ordinance” of the Code of the Town of Clay and adopting a new Chapter 230, entitled “Zoning” to the Code of the Town of Clay was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk. Such public hearing may be continued on May 23rd, and June 6th, 2005 as necessary. The purpose of this local law involves a complete change to the zoning text, titles, and the zoning map accordingly. (Adjourned to this date and time at the May 16, 2005 Town Board Meeting.) 

Deputy Supervisor Rowley explained that the topic tonight will primarily be the review of the  map where the former Office and Retail Store (C-2) District zoned parcels became undetermined (gray) areas in the conversion of the renamed districts. The meeting tonight will be receiving input from the public regarding the suggested conversion zoning recommended by the Town Board Members for these parcels. Questions regarding any other aspects of the new ordinance will be addressed also.

Councilor Bray gave a brief overview of the project, a reiteration of the zoning committee’s intent to clarify and consolidate the present zoning after a seven year undertaking. She introduced the committee and the staff in attendance of the Planning and Development office. Although the titles changed from the current zones, the Office and Retail Store (C-2) District zones also had some regulatory changes. Registered letters were send to the owners of the 122 undetermined properties and over 1600 letters were sent to the neighbors of the 122 properties  regarding the proposed zone changes from Office and Retail Store (C-2) Districts. The decision as to what classification will be applied will be decided by the Town Board. The Town Board’s objective is to get input regarding these undetermined parcels.

Commissioner Tessier explained that there are two segments to the process of updating the zoning code. One is the written text and the other is the map. The map is computer generated from the old map and in the exchange of zoning codes the Office and Retail Store (C-2) District parcels transferred over to a “gray” color. The recommendations for the 120 undetermined zones are: thirty to Highway Commercial, fifty to Neighborhood Commercial; and twenty to O-2 Office District, and the remaining parcels to various other designations. He also explained
that the left page in the code gives the uses and the right side the dimensions.

Supervisor Rupprecht took his place on the board.

Mary Carmella Kraft said she previously submitted a letter regarding a parcel she owns on Morgan Road. She objects to the Office and Retail Store (C-2) District parcel being changed to an O-2 - Office District, and would like it zoned an NC-1 (Neighborhood Commercial) zone. 
As the parcel is near a former gas station, she feels the Neighborhood Commercial District will not have an impact on the neighborhood.

Bob Cluse and Greg Mann don’t feel their property would be of much use as an O-2 Office District and would prefer it to be a Neighborhood Commercial District. An O-2 Office District would not allow a building of any size. 

Soule Leiter stated that it was suggested that the parcel on Davis Road be an O-2 Office District. For the area, she felt an O-1 Office District would be better.

Joe Scripa, on behalf of the Hurd family said Mr. Hurd’s parcel is proposed as an O-2 Office District. They want a retail use and would like an HC-1 Highway Commercial District. Their two acre parcel is behind the AmeriCU bank on Oswego Road. They accepted a contract
before the moratorium, but the sale is based on a retail use.

Gary Hafner said he wanted an HC-1 - Highway Commercial District on his two parcels on Buckley Road, whereas the Town is recommending an NC-1 - Neighborhood Commercial.

Greg Schaffer, President of the Moyers Corners Fire Department, Inc. said they own a parcel at Moyers Corners (which would be zoned government) and they would like it zoned as an NC-1 - Neighborhood Commercial District so that they will be able to sell it.

June Baycura said she was not comfortable with some of the changes. She feels the RC-1 - Regional Commercial District has too many uses. She would like mini storage in industrial zones. Elizabeth Geoghegan also felt the RC-1 - Regional Commercial District was too broad.

Bill Wilson said he wanted better sub-division regulations so that inner roads between commercial developments are not so circuitous.

A resident complained about Twin Trees being open until 4:00 a.m. and the noise (loud radios, talking, etc.) that keeps him awake at that hour.

John Dukat said he wants Special Permits and variances completely eliminated from the ordinance.

The Supervisor called a recess at 9:25 P.M. to allow people time to look at the proposed zoning map. The Supervisor called the meeting back to order at 9:40 P.M.

Councilor Ulatowski moved the adoption of a resolution adjourning these public hearings to May 23, 2005, commencing at 7:30 P.M. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:44 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes