September 19, 2005

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 19th of September, 2005 at 7:30 P.M., there were:

PRESENT:

Mark Rupprecht          Supervisor
James Rowley              Councilor/Deputy Supervisor
Clarence A. Rycraft     Councilor
Naomi Bray                  Councilor
Damian M. Ulatowski   Councilor
* William C. Weaver    Councilor
Vivian I. Mason            Town Clerk
David Tessier                Commissioner of Planning & Development
John Marzocchi             Acting Town Attorney
Doug Wickman             Town Engineer

ABSENT:
Robert L. Edick            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 Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on September 7, 2005. Motion was seconded by Councilor Rowley.

Ayes-5 and Noes-0. Carried.

* Appointment (Town Board):

Councilor Rowley moved the adoption of a resolution appointing William C. Weaver as Town Councilman, to fill the unexpired term of David Palmer whose term expires December 31, 2005. Motion was seconded by Councilor Bray.

Councilor Bray noted that the Board is well aware of the contributions by Mr. Weaver as former Highway Superintendent. He has an excellent reputation and he will add continuity to the Town Board. He knows the history, the development and the infrastructure of the Town.

Councilor Rycraft welcomed Mr. Weaver to the Board. He said he has known and worked with him for twenty years and that he has always been mindful of the best interests for the Town.

Ayes-5 and Noes-0. Carried.

William Weaver was sworn in by the Town Clerk, Vivian Mason, then took his seat on the Board.

Other Business/Complaint:

Mrs. Joan Fogerty had lodged a complaint in the summer of 2004 regarding noise and the use of dirt bikes on Mr. Otts property. He was sited for violations and directed to cease running the vehicles. Six months later he is knocking over trees and piling debris on the property line,
some of it encroaching on her property. She is asking the Town for help with this problem, along with a continuing list of other violations Mr. Otts is committing. She presented a copy of her letter explaining the ongoing problem to the Board.

Supervisor Rupprecht said he will meet with the Planning Department and see what can be done.

Special Permit (A) - Town Board Case #923 - SAM’S EAST, INC.:

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

Ayes-6 and Noes-0. Carried.

Special Permit (A) - Town Board Case #925 - DR. JUAN SOTOMAYOR:

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

Ayes-6 and Noes-0. Carried.

Zone change (PH) - Town Board Case #919 - ELDAN HOMES, INC. and GREEN LAKE ASSOCIATES, LLC:

A public hearing to consider the application of ELDAN HOMES, INC., and GREEN LAKE ASSOCIATES, LLC for a change of zone from Residential Agricultural (RA-100) District to One-Family Residential (R-40) District on property located on the east side of Henry Clay Boulevard (Tax Map No. 043.-01-34) and north side of Ver Plank Road (Tax Map No. 043.-01-15.4). Adjourned to this date and time at the August 15th, 2005 meeting was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Supervisor Rupprecht explained, that under the SEQR process for this zone change, there is a thirty (30) day period reserved for public comment. That time limit has expired.

Dan Barnaba of Eldan Homes, said that if the zone change is approved, they would be going before the Planning Board for either 49 lots or 65 to 70 lots depending on whether there are individual septic systems or a community septic system. Without the zone change, they will
have 44 lots to construct residential houses.

Supervisor Rupprecht commented that there were some traffic issues raised at previous hearings and that between August 1st and August 12th twenty-one speeding tickets were issued.

Councilor Rowley asked what the Planning Board’s recommendation was and Commissioner Tessier said it was one of denial without prejudice and recommended a land use study for the north country. He added that the Onondaga County Planning Board has recommended
disapproval.

Supervisor Rupprecht noted that the Town is conducting a land use study for the northern area of the Town, but it is not done yet.

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.

Adjournment:

The meeting was adjourned at 8:07 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.


Archived Minutes