April 3, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 3rd of April , 2006 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
Robert L. Edick - Councilor
Vivian I. Mason  - Town Clerk
David Tessier  - Commissioner of Planning & Development
Robert Germain - Town Attorney
Doug Wickman  - Town Engineer

ABSENT:
William C. Weaver - 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 March 20, 2006. Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

Gregg Tweedy of Riviera Drive presented an alternative proposal for a water supply district for the Riviera Drive area that is cheaper than the one proposed by the Town.  The only cost to the Town would be for the hydrants. The Supervisor asked for three weeks to be able to review their request.

Special Permit (PH) - Town Board Case #933 - FLOUR CITY BAGELS, LLC:

A public hearing to consider public hearing to consider the application of Flour City Bagels, LLC for a Special Permit to add on a drive-in service to the existing Bruegger’s Bagel Bakery, including related site improvement on property owned by Trason Global Realty, LLC, located at 7601 Oswego Road, (Tax Map No. 093.-03-41.0) was opened by the Supervisor. Proof of publication and posting was
furnished by the Town Clerk.

Craig Bright, Director of Real Estate for Flour City Bagels, LLC, explained that they would like to recreate the drive through that was originally there when Burger King was situated on this parcel. They would use the same footprint.

Supervisor Rupprecht asked for their hours of operation and the answer was 6:00 A.M. to 4:00 P.M.

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.

Special Permit (SEQR) - Town Board Case #933 - FLOUR CITY BAGELS, LLC:

Councilor Rowley moved the adoption of a resolution that the application of Flour City Bagels, LLC for a Special Permit to add on a drive-in service to the existing Bruegger’s Bagel Bakery, including related site improvement on property owned by Trason Global Realty, LLC, located at 7601 Oswego Road, (Tax Map No. 093.-03-41.0). 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 Edick.

Ayes-6 and Noes-0. Carried.

Agreement/Project - WILLOW STREAM WOOD, SECTION NO. 10 SUBDIVISION:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with J. ALBERICI AND SONS, INC., for the development of WILLOW STREAM WOOD, SECTION NO. 10 SUBDIVISION (Gaskin Road Sewer District, Extension No. 1, Contract No. 20 Lateral and Willow
Woods Drainage District, Contract No. 11 Lateral). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Agreement/Project - PATRICIA MANOR, SECTION “C” SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with NICOLINO PADUANO for the development of PATRICIA MANOR, SECTION “C” SUBDIVISION (Patricia Manor
Sewer District, Contract No. 2 Lateral, Patricia Manor Sewer District, Extension No. 1, Contract No. 1 Lateral, Patricia Manor Drainage District, Contract No. 2 Lateral, Patricia Manor Drainage District, Extension No. 1, Contract No. 1 Lateral and Patricia Manor Water Supply District). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Securities (release)/Project - STREAMWOOD TOWNHOUSES, SECTION “B”:

Councilor Ulatowski moved the adoption of a resolution authorizing the release of monument fees for STREAMWOOD TOWNHOUSES, SECTION “B” (Steppingstones) deposited with the Town of Clay in August 2002, by check number 23044 in the amount of $1,050.00 to ELDAN HOMES, INC. for 8 monuments as required by the Final Plan. Pursuant to a letter from Joseph I. Phillips, L.S., of PHILLIPS & ASSOCIATES SURVEYORS, P.C., under date of March 16, 2006,
whereby he certifies that 7 concrete monuments were placed at the control points. The 8th control point, which fell in a paved driveway between Lots 5 and 6, Block 3, was marked with a ““Mag Nail”” driven flush with the pavement. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Special Districts (sewer)/Project - PATRICIA MANOR, SECTION “C” SUBDIVISION:

Councilor Edick moved the adoption of a resolution calling a public hearing April 17, 2006, commencing at 7:35 P.M., local time, to consider a Petition for the construction and acquisition of a lateral sewer system located within Patricia Manor Sewer District to be designated and known as “PATRICIA MANOR SEWER DISTRICT,
CONTRACT NO. 2 LATERAL”, (Patricia Manor, Section “C” Subdivision). Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Districts (sewer)/Project - PATRICIA MANOR, SECTION “C” SUBDIVISION:

Councilor Edick moved the adoption of a resolution calling a public hearing April 17, 2006, commencing at 7:38 P.M., local time, to consider a Petition for the extension of the Patricia Manor Sewer District within the Town of Clay to be designated and known as "PATRICIA MANOR SEWER DISTRICT, EXTENSION NO. 1" and for the
construction and acquisition of a lateral sewer system therein to be designated and known as “PATRICIA MANOR SEWER DISTRICT, EXTENSION NO. 1, CONTRACT NO. 1 LATERAL", (Patricia Manor, Section “C” Subdivision). Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Special Districts (drainage)/Project - PATRICIA MANOR, SECTION “C” SUBDIVISION:

Councilor Edick moved the adoption of a resolution calling a public hearing April 17, 2006, commencing at 7:41 P.M., local time, to consider a Petition for the construction and acquisition of a lateral drainage system located within Patricia Manor Drainage District to be designated and known as “PATRICIA MANOR DRAINAGE
DISTRICT, CONTRACT NO. 2 LATERAL”, (Patricia Manor, Section “C” Subdivision). Motion was seconded by Councilor Rowley.

Ayes-6 and Noes-0. Carried.

Special Districts (drainage)/Project - PATRICIA MANOR, SECTION “C” SUBDIVISION:

Councilor Edick moved the adoption of a resolution calling a public hearing April 17, 2006, commencing at 7:44 P.M., local time, to consider a Petition for the extension of the Patricia Manor Drainage District within the Town of Clay to be designated and known as "PATRICIA MANOR DRAINAGE DISTRICT, EXTENSION NO. 1" and for the construction and acquisition of a lateral drainage system therein to be designated and known as “PATRICIA MANOR DRAINAGE DISTRICT, EXTENSION NO. 1, CONTRACT NO. 1 LATERAL”, (Patricia Manor, Section ““C”” Subdivision). Motion
was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Special Districts (water)/Project - PATRICIA MANOR, SECTION “C” SUBDIVISION:

Councilor Edick moved the adoption of a resolution calling a public hearing April 17, 2006, commencing at 7:47 P.M., local time, to consider a petition for the creation of a water supply district within the Town of Clay to be designated and known as “PATRICIA MANOR WATER SUPPLY DISTRICT”, (Patricia Manor, Section “C”
Subdivision). Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Districts (sewer)/Project - WILLOW STREAM WOOD, SECTION NO. 10 SUBDIVISION:

Councilor Bray moved the adoption of a resolution calling a public hearing April 17, 2006, commencing at 7:50 P.M., local time, to consider a Petition for the construction and acquisition of a lateral sewer system located within Gaskin Road Sewer District, Extension No. 1 to be designated and known as “GASKIN ROAD SEWER DISTRICT,
EXTENSION NO. 1, CONTRACT NO. 20 LATERAL”, (Willow Stream Wood, Section No. 10 Subdivision). Motion was seconded by Councilor Ulatowski .

Ayes-6 and Noes-0. Carried.

Special Districts (Drainage)/Project - WILLOW STREAM WOOD, SECTION NO. 10 SUBDIVISION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing April 17, 2006, commencing at 7:53 P.M., local time, to consider a Petition for the construction and acquisition of a lateral drainage system located within Willow Woods Drainage District to be designated and known as “WILLOW WOODS DRAINAGE
DISTRICT, CONTRACT NO. 11 LATERAL”, (Willow Stream Wood, Section No. 10 Subdivision). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #918 - FRED J. KLOPFER:

Councilor Bray moved the adoption of a resolution calling a public hearing April 17, 2006 commencing at 7:56 P.M., local time, to consider the application of FRED J. KLOPFER for a change of zone from RA-100 Residential Agricultural District to O-1 Neighborhood Office District on property located at 314 Rural Lot, Oswego Road, the west side, just north of Linda Lane, (Tax Map No. 018.-02-13). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #934 - FAMILY VIDEO MOVIE CLUB and PITCHER HILL ASSOCIATES:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing April 17, 2006 commencing at 7:59 P.M., local time, to consider the application of FAMILY VIDEO MOVIE CLUB and PITCHER HILL ASSOCIATES for a change of zone from R-Apt Apartment District to HC-1 Highway Commercial District on property located at the southeast corner of Bear and Buckley Road (Tax Map No. 097.-01-08.1) consisting of 3± acres of land. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #929 - JONATHAN R. BURDICK and MOYERS CORNERS FIRE DEPARTMENT, INC.:

Supervisor Rupprecht moved the adoption of a resolution calling a public hearing April 17, 2006, commencing 8:02 P.M., local time, to consider the application of JONATHAN R. BURDICK and MOYERS CORNERS FIRE DEPARTMENT, INC., for a change of zone from Gov Government District to HC-1 Highway Commercial District on property located at 8481 Oswego Road (part of Tax Map No. 019.-02-22.1). Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #930 - JONATHAN R. BURDICK: 

Councilor Bray moved the adoption of a resolution calling a public hearing April 17, 2006, commencing 8:05 P.M., local time, to consider the application of JONATHAN R. BURDICK for a change of zone from RA-100 Residential/Agricultural District to HC-1 Highway Commercial District on property located at 3593 State Route 31,
(Tax Map Nos. 019.-02-24.0 and 019.-02-25.1). Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Permit (CPH) - Town Board Case #935 - JONATHAN R. BURDICK:

Councilor Bray moved the adoption of a resolution calling a public hearing April 17, 2006, commencing 8:08 P.M., local time, to consider the application of JONATHAN R. BURDICK for a Special Permit to operate a motor vehicle sales and service in a proposed HC-1 Highway Commercial District on property located at 3593 State Route 31, (Tax Map Nos. 019.-02-24.0 and 019.-02-25.1). Motion was seconded by
Councilor Edick.

Ayes-6 and Noes-0. Carried.

Special Permit (CPH) - Town Board Case #936 - JONATHAN R. BURDICK:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing April 17, 2006, commencing 8:11 P.M., local time, to consider the application of JONATHAN R. BURDICK for a Special Permit to operate a motor vehicle sales and service in a proposed HC-1 Highway Commercial District on property located on Oswego Road, (Tax Map No. 019.-02-22.1). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:21 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-6 and Noes-0. Carried.

Archived Minutes