May 23, 2005

At a Special Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 23rd of May, 2005 at 7:30 P.M., there were:

PRESENT:
Mark Rupprecht            Supervisor
James Rowley               Councilor/Deputy Supervisor
David R. Palmer            Councilor
Naomi Bray                   Councilor
Robert L. Edick             Councilor
Vivian I. Mason              Town Clerk
David Tessier                 Commissioner of Planning & Development
Robert Germain              Town Attorney

ABSENT:
Clarence A. Rycraft        Councilor
Damian M. Ulatowski     Councilor
Doug Wickman               Town Engineer

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

Local Law No. 1 of the Year 2005 (PH’s-ADJ) - Zoning Ordinance, Chapter 230(rewrite) and Local Law No. 1 of the Year 2005 (PH-SEQR-ADJ) - 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 Supervisor. Proof of publication and posting was furnished by the Town Clerk. Such public
hearing may be continued on 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 18, 2005 Special 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 Supervisor. Proof of publication and posting was furnished by the
Town Clerk. Such public hearing may be continued on 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 18, 2005 Special Town Board Meeting) 

Councilor Bray gave a brief overview of the zoning ordinance committee’s efforts for the past seven years and recognized the members for their expertise and knowledge to take on this undertaking. There have been informal hearings, followed by public hearings to get the public’s input. It is now up to the Town Board to fine tune and present the final draft of this document. Over 120 property owners were affected in the transfer of Office and Retail Store (C-2) District zoning to the new code. Property owners were notified by registered mail and
property owners of parcels within 100 feet were notified by regular mail. She noted that other zoning ordinance changes will be set aside to be addressed in the Tract II stage.

Commissioner Tessier explained that the book is the ordinance code, the map is its companion, and that the two are adopted together. The new ordinance has been written so that it is easier to read and understand. The left page of each zone district lists the uses allowed and the right
page gives the dimensional requirements. Most of the changes are just in the names of the zoning classifications. In the transfer of the Office and Retail Store (C-2) District classification to the new code, there became 120 undetermined parcels. The Town Board has made recommendations as to what zoning classification they feel would be the most compatible with the general neighborhood, but whatever these parcels become, the owner has the right to seek a future change of zone before the Town Board.

Howard Spencer, 7900 North Davis Road, stated that he would like an NC-1 Neighborhood Commercial District not Office use as suggested. He has purchased the parcel because it had a retail use. He feels the neighborhood commercial would be fair for a small retail facility.

Kim Zimmer said the property across the street from the Zimmer Apartments has a home on it, and feels it should be a NC-1 Neighborhood Commercial District rather than the HC-1 Highway Commercial District that has been recommended. She doesn’t feel the Highway Commercial classification is compatible to the area.

Dick Foertch voiced concern regarding drainage on the five acre parcel that backs up to his neighborhood. Whatever goes there, the drainage issue will need to be addressed.

Peter Crissey addressed the zoning for the parcel at 7137 Morgan Road. They would like an office district classification.

Jeff Bush, representing Moyers Corners Fire Department, said they would like 8478 Morgan Road to be zoned NC-1 Neighborhood Commercial because they would like to sell it. The Supervisor noted that it is now considered a government classification. 

Joyce Cirrito addressed concern for the Hurd property which is located behind AmeriCU on Route 57. The property is adjacent to residential properties and the residents there do not want it to become an HC-1 - Highway Commercial District. The Bayberry residents are also
concerned about the recent purchase of a Shopping Center (C-5) District parcel adjacent to the Bayberry Shopping Center and what could be built there.

John Furze also voiced disfavor for the Hurd property becoming highway commercial, because it would create heavy traffic. He would like it to be an office district. 

Joe Scripa, representing Mr. Hurd, said they feel it is unfair to use their land as a buffer. It is presently an Office and Retail Store (C-2) District classification and is marketed that way. They believe it would be an economic hardship to restrict them to a 5,000 square foot building.

Bill Wilson said he thought part of the acreage was supposed to be forever wild.

June Baycura, of the BCA, said she thought it was originally a temporary change from agriculture to allow a fix it shop. They feel traffic will be a problem on Laurel Lane and that being zoned Office would not be an economic hardship. She feels that some property is not big enough for the RC-1 Regional Commercial zoning.

Elizabeth Geoghegan said she was concerned with the traffic on Blackberry Road because of commercial zoning, particularly the parcel that recently was purchased. Added to the Bayberry Shopping Center parcel, it raises concerns.

Linda Trombley said she would like the property at 7156 Buckley Road zoned HC-1 Highway Commercial, whereas the recommendation is R-10 One-Family Residential.

David Arnold reiterated his issue with the word “cropland” saying it limits a farmer.

Janet Rathburn noted that under excavation some number were missing. She also said she would like cell towers deleted from residential zoning.

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

Councilor Palmer moved the adoption of a resolution adjourning the 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 to June 6, 2005, commencing at 7:41 P.M. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Councilor Bray moved the adoption of a resolution adjourning the 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 to June 6, 2005, commencing at 7:44 P.M. Motion was seconded by Councilor Edick.

Ayes-5 and Noes-0. Carried.

Unsafe Building - 4737 Wetzel Road:

Councilor Edick moved the adoption of a resolution declaring the building located on real property commonly known as Wetzel Road, Tax Map No. 083.-01-22.1, (f/k/a 4737 Wetzel Road - being the northeast corner of Henry Clay Blvd and Wetzel Road) “an unsafe building” pursuant to the Code of the Town of Clay, Chapter 86, Unsafe Buildings. The Town Board hereby acknowledges that the property has been inspected by the Commissioner of Planning & Development and has received notice of the purported defects; and further authorizes the
Town Attorney to take whatever legal action necessary to rectify the situation. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

Unsafe Building - 4822 Glencrest Road:

Councilor Edick moved the adoption of a resolution declaring the building located on real property commonly known as 4822 Glencrest Avenue, (Tax Map No. 096.-03-08.0) “an unsafe building” pursuant to the Code of the Town of Clay, Chapter 86, Unsafe Buildings. The
Town Board hereby acknowledges that the property has been inspected by the Commissioner of Planning & Development and has received notice of the purported defects; and further authorizes the Town Attorney to take whatever legal action necessary to rectify the situation. 
Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Unsafe Building - 4717 Wetzel Road:

Councilor Edick moved the adoption of a resolution declaring the building located on real property commonly known as 4717 Wetzel Road, Tax Map No. 082.-01-04.1 “an unsafe building” pursuant to the Code of the Town of Clay, Chapter 86, Unsafe Buildings. The Town
Board hereby acknowledges that the property has been inspected by the Commissioner of Planning & Development and has received notice of the purported defects; and further authorizes the Town Attorney to take whatever legal action necessary to rectify the situation. Motion was seconded by Councilor Palmer.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:37 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-5 and Noes-0. Unanimously carried.


Archived Minutes