|
Town Board Minutes
September 7, 2005
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 September, 2005 at 7:30 P.M., there were:
PRESENT:
James Rowley
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:
Mark Rupprecht
Supervisor
Clarence A. Rycraft
Councilor
The meeting was called to order by Deputy Supervisor Rowley 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 August 15, 2005. Motion was seconded by Councilor Palmer.
Ayes-5 and Noes-0. Carried.
Correspondence/Other Business:
Deputy Supervisor Rowley announced that this meeting would be the last one for Councilor
David Palmer. He is resigning effective September 15, 2005.
Councilor Palmer said he has appreciated the opportunity to serve the Town of Clay for the past
thirty-five years. He feels he has made a significant contribution to its growth. He thanked
everyone for their support over the years.
Zone change (PH) - Town Board Case #924 - GROUP ONE DEVELOPMENT, LLC,
JOHN and LONA JEROME, HUGH and KATHLEEN HAWTHORNE and HELEN SOTHERDEN:
A public hearing to consider the application of GROUP ONE DEVELOPMENT, LLC,
JOHN and LONA JEROME, HUGH and KATHLEEN HAWTHORNE and HELEN SOTHERDEN for a change of zone from Residential Agricultural (RA-100) District to
One-Family Residential (R-15) District on property located near 8363 and 8391
Caughdenoy Road, west side, consisting of 50.14 ± acres, (Tax Map Nos. 063.-01-37.0 and
074.-01-01.0) was opened by the Deputy Supervisor. Proof of publication and posting was
furnished by the Town Clerk.
Hal Romans, Surveyor/Planner, representing the applicant said they would like the zone change
so that they could develop the parcel into 75-80 lots, all of which would be 15,000 square feet
or more in size.
Councilor Ulatowski asked if the development would be served by septic or sewer and Mr.
Romans said it would be sewers, and there might be a pump station, but they weren’t sure yet.
Councilor Bray inquired about wetlands and Mr. Romans said they would work around
them. He noted that there proposal includes a second road into the Country Meadow Tract.
A resident asked where the road would come out as she is concerned about traffic.
Another resident asked how close they would be building to their line, as he is concerned about
his pond and drainage that could affect it.
Deputy Supervisor Rowley noted that drainage would be reviewed in the site plan process
before the Planning Board.
Deputy Supervisor Rowley 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.
Special Permit (PH&ADJ)- Town Board Case #896 - OMNIPOINT COMMUNICATIONS, d/b/a T-MOBIL and BAYBERRY PLAZA and
Special Permit (PH&ADJ)- Town Board Case #922 - OMNIPOINT COMMUNICATIONS, d/b/a T-MOBIL USA, SBA PROPERTIES, INC. and
MICAT, LLC.:
A public hearing, to consider a Petition for a PUBLIC UTILITY SPECIAL PERMIT,
pursuant to Clay Code Section 230-39, of OMNIPOINT COMMUNICATIONS, d/b/a T-MOBILE and BAYBERRY PLAZA, a New York General Partnership, for the purpose of
erecting a telecommunications tower on a portion of premises located at 7608 Oswego Road,
(part of Tax Map No. 094.-01-8.1) and
a public hearing to consider a Petition for a PUBLIC UTILITY SPECIAL PERMIT,
pursuant to Clay Code Section 230-39, of OMNIPOINT COMMUNICATIONS, INC., d/b/a T-MOBILE USA, SBA PROPERTIES, INC., and MICAT, LLC, for the purpose
of erecting a 120 foot telecommunications tower on a portion of premises located at 7767
Oswego Road, (being part of Tax Map No. 085.-01-4.1) were opened by the Deputy
Supervisor. Proof of publications and postings were furnished by the Town Clerk.
Deputy Supervisor Rowley explained that the applicant had appeared before the Town Board
last year with a request to erect a telecommunications tower. At that time they had been asked
to look at other sites, so they held off on their request.
Jeff Davis of Hiscock and Barkley, said they started the process 16 months ago. They need a
location for the telecommunication tower to fill a coverage gap. They have looked at a number
of sites, but found them either outside the coverage area or the landlords of the property were
not interested in leasing them a site. They have determined that the next best site to the one
behind Bayberry Plaza is the one on Route 57, 7767 Oswego Road, behind a law office near
the nature preserve. Much of the tower will be screened by trees. Mr. Davis gave an overview
of the 27 sites they investigated and the reasons they were not suitable. They feel they have
gone above and beyond in their effort to find a suitable but least objectionable site.
Deputy Supervisor Rowley questioned a possibly shorter tower and asked if that could work
for them.
Mike Crosby, Sr. RF Engineer, stated that a 100 to 110 foot tower is needed.
Councilor Edick voiced concern with a 110 foot tower.
Attorney Davis said that the tower has to be taller than the trees.
Councilor Palmer asked if they could put up a simulated structure, a camouflaged tower, that
would be more aesthetically pleasing. Attorney Davis said they could do photo simulations.
He added that they would allow other users on their tower.
Councilor Ulatowski asked if dropping the height would inhibit them and Attorney Davis said
they need the 120 feet, but they will look into 110, 100 and 80 feet.
Councilor Bray asked what their policy was with regard to co-locators and Attorney Davis said
it’s a free market.
Joe Tassone, Jr., Director of Tower Development for SBA Network Services, Inc., said that they
own 3200 towers, 150 of them in New York State, and their business is to build
telecommunication towers, and to build them to maximize for other users.
Bernie Kraft, a resident of Bayberry and a County Legislator, said the site in Bayberry is not a
good location and is contrary to the Town’s interests.
A resident of Bel Harbor Drive wants a balloon test to show how it would look. And several
other residents voiced objection to the tower.
Councilor Edick inquired as to the strength of the tower in a storm and Attorney Davis said it
would withstand a 70 mph wind. June Baycura of the Bayberry Community Association said that no matter where it goes it will
will be seen and that she feels it is a blight.
Deputy Supervisor Rowley asked if there were any further comments or questions and there
were none.
Councilor Bray moved the adoption of a resolution to adjourn the public hearings to October
3, 2005 to commence at 7:35 P.M. and 7:38 P.M. local time, respectively. Motion was
seconded by Councilor Palmer.
Ayes-5 and Noes-0. Carried.
Special Permit (PH) - Town Board Case #923 - SAM’S EAST, INC.:
A public hearing to consider the application of SAM’S EAST, INC. for a SPECIAL
PERMIT for the construction of a gasoline fueling facility with canopy, service building, and
related site improvements at Sam’s Club on property located at 3895 Route 31 on Laser Drive,
(part of Tax Map No. 021.-01-03.3) was opened by the Deputy Supervisor. Proof of
publication and posting was furnished by the Town Clerk.
Paul Curtin, the attorney representing the applicant, explained that previously they had wanted
the station in front, but they were asked by the Planning Board to consider putting the pumps
to the back of the property. They have withdrawn their previous application and now under
the new code it is a Special Permit. The station will consist of a canopy and six pumps, will be
open from 6:00 a.m. to 9:30 p.m. and will be a filling facility only. No variances are needed.
And it will be constructed consistent with Town code. It will be for club members only.
Russ Mitchell commended the applicant for amending their plans and doing what the public
wanted.
Deputy Supervisor Rowley 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.
Special Permit (PH) - Town Board Case #925 - DR. JUAN SOTOMAYOR:
A public hearing to consider the application of DR. JUAN SOTOMAYOR for a SPECIAL
PERMIT to operate a medical office in an O-2 Office Zone, on 1.32 acres, as described on
a map by LJR Engineering, titled Allergy and Asthma Diagnostic Office Site Plan, dated July
21, 2005 to be located at Allen Road Office Park, Lot 1, southeast corner of Allen Road and
Hester Avenue, (part of Tax Map No. 112.-06-13.3) was opened by the Deputy Supervisor.
Proof of publication and posting was furnished by the Town Clerk.
William Ferraldo, Architect, explained that they are requesting a Special Permit to operate a
medical office. The Doctor wants to own his own building. They can expand the parking in
the future from the 41 spots in this plan.
Councilor Edick asked what the number of employees would be and Mr. Ferraldo said ten to
twelve.
Deputy Supervisor Rowley 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 (PH) - COACHMAN’S CROSSING TRACT, SECTION
NO. 5:
A public hearing to consider amendment of Chapter 211 entitled Traffic & Vehicles
Ordinance, Section 211-12 Stop Intersections, Schedule IX, Stop Intersections, (Section
211-42) of the Town of Clay Code, to designate and provide for STOP SIGNS within the
COACHMAN’S CROSSING TRACT, SECTION NO. 5 at the following locations: at the
southeast corner of Lot 972, where MEDASANO CIRCLE heads south to meet MEDASANO CIRCLE and at the northeast corner of Lot 994, where MEDASANO
CIRCLE meets STEARNS ROAD and for the installation of all the necessary signs therefore
was opened by the Deputy Supervisor. Proof of publication and posting was furnished by the
Town Clerk.
Commissioner Tessier gave a brief overview of the Planning Board’s recommendations for the
placement of stop signs in this development. He added that the Town Engineer and the public
had also given their comments at site plan approval.
Deputy Supervisor Rowley 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 (PH) - COUNTRY MEADOW TRACT, SECTION
“D”:
A public hearing to consider amendment of Chapter 211 entitled Traffic & Vehicles
Ordinance, Section 211-12 Stop Intersections, Schedule IX, Stop Intersections, (Section
211-42) of the Town of Clay Code, to designate and provide for STOP SIGNS within the
COUNTRY MEADOW TRACT, SECTION “D” at the following locations: at the
southwest corner of Lot 107, where WHEATBERRY WAY meets JUSTIN DRIVE; at the
northwest corner of Lot 94, where OLD BARN ROAD meets WHEATBERRY WAY; and one at each end of OAK BROWN WAY and for the installation of all the necessary signs
therefore was opened by the Deputy Supervisor. Proof of publication and posting was
furnished by the Town Clerk.
Commissioner Tessier once again gave a brief overview of the Planning Board’s
recommendations, which was also based on the Town Engineer’s and the public’s comments,
for the placement of stop signs in this development, at site plan approval.
Deputy Supervisor Rowley 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.
Special Permit (SEQR) - Town Board Case #923 - SAM’S EAST, INC.:
Councilor Ulatowski moved the adoption of a resolution that the application of SAM’S EAST,
INC. for a SPECIAL PERMIT for the construction of a gasoline fueling facility with canopy,
service building, and related site improvements at Sam’s Club on property located at 3895
Route 31 on Laser Drive, (part of Tax Map No. 021.-01-03.3) 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-5 and Noes-0. Carried.
Special Permit (decision) - Town Board Case #923 - SAM’S EAST,
INC.:
No action taken.
Special Permit (SEQR) - Town Board Case #925 - DR. JUAN SOTOMAYOR:
Councilor Ulatowski moved the adoption of a resolution that the application of DR. JUAN
SOTOMAYOR for a SPECIAL PERMIT to operate a medical office in an O-2 Office Zone,
on 1.32 acres, as described on a map by LJR Engineering, titled Allergy and Asthma Diagnostic
Office Site Plan, dated July 21, 2005 to be located at Allen Road Office Park, Lot 1, southeast
corner of Allen Road and Hester Avenue, (part of Tax Map No. 112.-06-13.3) 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-5 and Noes-0. Carried.
Special Permit (decision) - Town Board Case #925 - DR. JUAN SOTOMAYOR:
No action taken.
Traffic & Vehicles/Stop Signs (A) - COACHMAN’S CROSSING TRACT, SECTION
NO. 5:
Councilor Edick moved the adoption of a resolution approving the amendment of Chapter
211 entitled Traffic & Vehicles Ordinance, Section 211-12 Stop Intersections, Schedule
IX, Stop Intersections, (Section 211-42) of the Town of Clay Code, designating and
providing for STOP SIGNS within the COACHMAN’S CROSSING TRACT, SECTION NO. 5 at the following locations: at the southeast corner of Lot 972, where MEDASANO
CIRCLE heads south to meet MEDASANO CIRCLE and at the northeast corner of Lot
994, where MEDASANO CIRCLE meets STEARNS ROAD and for the installation of all
the necessary signs therefore. Motion was seconded by Councilor Ulatowski.
Ayes-5 and Noes-0. Carried.
Traffic & Vehicles/Stop Signs (A) - COUNTRY MEADOW TRACT, SECTION
“D”:
Councilor Edick moved the adoption of a resolution approving the amendment of Chapter
211 entitled Traffic & Vehicles Ordinance, Section 211-12 Stop Intersections, Schedule
IX, Stop Intersections, (Section 211-42) of the Town of Clay Code, designating and
providing for STOP SIGNS within the COUNTRY MEADOW TRACT, SECTION “D” at the following locations: at the southwest corner of Lot 107, where WHEATBERRY WAY
meets JUSTIN DRIVE; at the northwest corner of Lot 94, where OLD BARN ROAD
meets WHEATBERRY WAY; and one at each end of OAK BROWN WAY and for the installation of all the necessary signs therefore. Motion was seconded by Councilor Ulatowski.
Ayes-5 and Noes-0. Carried.
Bid Award - THE DEMOLITION OF THE CIBRO SITE ASPHALT STORAGE TANKS AT THREE
RIVERS:
Councilor Bray moved the adoption of a resolution awarding a contract, contingent upon
approval of Community Development Agency, for THE DEMOLITION OF THE CIBRO SITE ASPHALT STORAGE TANKS AT THREE RIVERS to JWJ Industries, Inc. for
the low bid of $167,890. Said amount being the lowest responsible bidder. Motion was
seconded by Councilor Ulatowski.
Ayes-5 and Noes-0. Carried.
Bid Award - CLAY REFUSE DISTRICTS NO. 1, NO. 2, NO. 3, NO. 4, NO. 5, NO.
6, NO. 7, & NO. 8:
Councilor Ulatowski moved the adoption of a resolution awarding a contract for THE
COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 1 within the Town of Clay to
Appleton Disposal for the low bid of $637.70 per house for five years. Said amount being
the lowest responsible bidder. Motion was seconded by Councilor Bray.
Ayes-5 and Noes-0. Carried.
Councilor Ulatowski moved the adoption of a resolution awarding a contract for THE
COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 2 within the Town of Clay to
Syracuse Haulers Waste Removal, Inc. for the low bid of $583.92 per house for five years.
Said amount being the lowest responsible bidder. Motion was seconded by Councilor Edick.
Ayes-5 and Noes-0. Carried.
Councilor Ulatowski moved the adoption of a resolution awarding a contract for THE
COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 3 within the Town of Clay to
Syracuse Haulers Waste Removal, Inc. for the low bid of $583.92 per house for five years.
Said amount being the lowest responsible bidder. Motion was seconded by Councilor Palmer.
Ayes-5 and Noes-0. Carried.
Councilor Ulatowski moved the adoption of a resolution awarding a contract for THE
COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 4 within the Town of Clay to
Syracuse Haulers Waste Removal, Inc. for the low bid of $583.92 per house for five years.
Said amount being the lowest responsible bidder. Motion was seconded by Councilor Palmer.
Ayes-5 and Noes-0. Carried.
Councilor Ulatowski moved the adoption of a resolution awarding a contract for THE
COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 5 within the Town of Clay to
Syracuse Haulers Waste Removal, Inc. for the low bid of $583.92 per house for five years.
Said amount being the lowest responsible bidder. Motion was seconded by Councilor Palmer.
Ayes-5 and Noes-0. Carried.
Councilor Edick moved the adoption of a resolution awarding a contract for THE
COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 6 within the Town of Clay to
Appleton Disposal for the low bid of $637.70 per house for five years. Said amount being
the lowest responsible bidder. Motion was seconded by Councilor Palmer.
Ayes-5 and Noes-0. Carried.
Councilor Palmer moved the adoption of a resolution awarding a contract for THE
COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 7 within the Town of Clay to
Syracuse Haulers Waste Removal, Inc. for the low bid of $583.92 per house for five years.
Said amount being the lowest responsible bidder. Motion was seconded by Councilor Edick.
Ayes-5 and Noes-0. Carried.
Councilor Palmer moved the adoption of a resolution awarding a contract for THE
COLLECTION AND DISPOSAL OF ALL REFUSE, RUBBISH, GARBAGE AND RECYCLABLES FOR CLAY REFUSE DISTRICT NO. 8 within the Town of Clay to
Syracuse Haulers Waste Removal, Inc. for the low bid of $583.92 per house for five years.
Said amount being the lowest responsible bidder. Motion was seconded by Councilor Edick.
Ayes-5 and Noes-0. Carried.
Project/Securities (posting) - THE HAMLET AT FAIRWAY EAST:
Councilor Edick moved the adoption of a resolution that the Town of Clay having conducted
public hearings to consider the construction and acquisition of drainage and sewer facilities
located within THE HAMLET AT FAIRWAY EAST (Euclid Sewer District, Extension No.
2, Contract No. 4 Lateral and Fairway Drainage District, Extension No. 1, Contract No. 4
Lateral) and the construction of said facilities having been completed in accordance with the
Plans and Specifications thereof; the Town Engineers having certified that the facilities have
been satisfactorily completed and contingent upon the developer posting security in the amount
of $25,000.00 for the completion of overland drainage facilities as shown on a list provided by
the Town Engineers under date of 08-25-05, $12,500.00 for repair and maintenance
guarantee, $46,480.00 representing highway construction guarantee security, as well as
payment of $4,500.00 for Monument Deposit and $18,500.00 as Parkland Contribution. This
resolution is further contingent upon receipt of payment from the developer of engineering,
legal and administrative fees (current and estimated) and further having complied with all the
requirements set forth in an Agreement between the Town of Clay and ELDAN HOMES,
INC., that the Town of Clay accept title to such facilities. Motion was seconded by Councilor
Palmer.
Ayes-5 and Noes-0. Carried.
Project/Easement (drainage & sewer) - THE HAMLET AT FAIRWAY EAST:
Councilor Edick moved the adoption of a resolution accepting an easement for the drainage
and sewer facilities located within THE HAMLET AT FAIRWAY EAST from ELDAN HOMES, INC. Motion was seconded by Councilor Palmer.
Ayes-5 and Noes-0. Carried.
Project/Deed (highway) - THE HAMLET AT FAIRWAY EAST:
Councilor Edick moved the adoption of a resolution accepting a deed for highway purposes
within THE HAMLET AT FAIRWAY EAST from ELDAN HOMES, INC., all as shown on the Final Plan as prepared by Phillips & Associates, Surveyors, P.C. dated January 20, 2005,
last revised June 23, 2005, subject to approval of the Town Attorney as to form and content.
Motion was seconded by Councilor Ulatowski.
Ayes-5 and Noes-0. Carried.
Uniform Water Budget:
Councilor Palmer gave a brief overview of the proposed water budget for the Town of Clay.
He stated that there should be no increase for the year 2006.
Other Business:
Councilor Bray wished Councilor David Palmer and his wife Linda good luck on their journey.
Adjournment:
The meeting was adjourned at 11:11 P.M. upon motion by Councilor Bray and seconded by
Deputy Supervisor Rowley. Ayes-5 and Noes-0. Carried.
Archived Minutes
|
