April 17, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 17th of April, 2006 at 7:30 P.M., there were:

PRESENT:

Mark Rupprecht - Supervisor
Clarence A. Rycraft - Councilor
Naomi Bray - Councilor
Damian M. Ulatowski - Councilor
Robert L. Edick - 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:
James Rowley Councilor/Deputy Supervisor

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 April 3, 2006. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Correspondence/Other Business:

Zone change (decision) - Town Board Case #933 - FLOUR CITY BAGELS, LLC:

No action taken.

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

A public hearing 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) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Jason Brown, of W-M Engineers, P.C., said that it is proposed that the developer construct approximately 6 lineal feet of sanitary sewer and appurtenances, and be dedicated to the Town of Clay at no cost. The estimated cost of construction is $6,788.60.  The service will be provided to four single family residential lots in Patricia Manor Section C.

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

A public hearing 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) was opened by the Supervisor. Proof of
publication and posting was furnished by the Town Clerk.

Jason Brown, of W-M Engineers, P.C., said that it is proposed that the developer construct approximately 511 lineal feet of sanitary sewer and appurtenances, and be dedicated to the Town of Clay at no cost. The estimated cost of construction is $31,361.20. The service will be provided to four single family residential lots in Patricia Manor Section C.

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

A public hearing 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) was opened by the Supervisor.  Proof of publication and posting was furnished by the Town Clerk.

Jason Brown, of W-M Engineers, P.C., said that it is proposed that the developer construct approximately 83 lineal feet of storm sewer and appurtenances, and be dedicated to the Town of Clay at no cost. The estimated cost of construction is $9,066.20.  The service will be provided to four single family residential lots in Patricia Manor Section C.

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

A public hearing 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) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. 

Jason Brown, of W-M Engineers, P.C., said that it is proposed that the developer construct approximately 38 lineal feet of storm sewer and appurtenances, and be dedicated to the Town of Clay at no cost. The estimated cost of construction is $13,963.30. The service will be provided to four single family residential lots in Patricia Manor Section C.

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

A public hearing 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) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Jason Brown, of W-M Engineers, P.C., said that it is proposed to create a hydrant district for the purpose of future maintenance of hydrants that will serve Patricia Manor, Section C, and be dedicated to OCWA at no cost to the Town of Clay. The developer proposes construction of approximately 238 lineal feet of pipe.

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

A public hearing 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)
was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Alex Wisniewski, of L.J.R. Engineering PC, representing Jolu Development Company, explained that this is a section of Willow Stream consisting of 16 townhouse units. It is proposed that the Developer construct approximately 280 lineal feet of storm sewer and appurtenances, and be dedicated to the Town of Clay at no cost. The probable cost for construction is $20,000.

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

A public hearing 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) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. 

Alex Wisniewski, of L.J.R. Engineering PC, representing Jolu Development Company, stated that it is proposed that the developer construct approximately 360 lineal feet of sanitary sewers and appurtenances, and be dedicated to the Town of Clay at no cost.  The probable cost of construction is $10,000. 

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.

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

A public hearing 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.-02-13.0) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Fred Klopfer explained that he would like this parcel zoned as Residential Office. He noted that his neighbors, the residential properties touching this parcel are all in favor of the zone change. A 4000 square foot professional building could be built and the Onondaga County Department of Transportation has no objections. The southern parcels on Oswego Road are commercial and to the north the parcel is zoned industrial. 

The Supervisor interjected that the industrial zoned parcel may change to something such as office also. He noted that the Onondaga County Planning Board recommends disapproval as they feel the zoning is inconsistent with the Land Use Study. The Supervisor said he feels it is unlikely residential homes will be built there, and believes that will be addressed in the new land use study.

Russ Mitchell said he thinks it is the least obtrusive use. Many other residents also spoke in favor of this zone change request.

Dave Arnold said he foresees a problem for a septic system for a 4,000 square foot office building.


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.

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

A public hearing 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, (part of Tax Map No. 097.-01-08.1) consisting of 3± acres of land was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

John H. Sciarabba, with Land Tech, introduced himself and Todd Bezenah, the regional director and part owner of Family Video Club. The site they are interested in building on is the nine acre parcel on the southeast corner of Bear Road and Buckley Road. They want to keep the majority of the property as apartments and change the 3± acre portion to Highway Commercial. The property is bisected by a swale. They have looked at
traffic and have talked to the Onondaga County Department of Transportation, who approved the previous ingress/egress requested by the Amerada Hess in 2001.

Supervisor Rupprecht noted the Onondaga County Planning Board’s recommendation for disapproval of the zone change because it “does not provide a logical long-term plan, including proposed land use, road access and on-site circulation, for the entire site”.

Mr. Bezenah said there would be with approximately twenty trips per hour. Mr. Sciarabba interjected that thirty trips per hour is in their SEQR. The Supervisor asked for clarification of that in writing.

Art Van Gelder asked what their hours of operation would be and Mr. Sciarabba said 10:30 A.M. to 11:00 or 12:00 P.M., seven days a week, but most of their business would be at off peak hours. Mr. Van Gelder said he had concerns regarding light pollution and noise pollution.

The Supervisor asked if they would split the parcel and keep the apartment zoning and Mr. Sciarabba said yes.

Bill Marshall voiced concern as to what businesses would also go in their building.

Mr. Sciarabba said Family Video would work with the Town as to what the building would look like. They could look into Neighborhood Commercial zoning.

Lou DeAngelo said he would like some sort of buffering proposed on the back portion, as they could sell that land and the residents would like confirmation that whoever bought it would have to follow through with the buffering.

Supervisor Rupprecht said he had concerns with the size of the 3± acre lot. He asked the applicant to give the Board pictures/examples of existing buildings. He would also like an estimate of the number of apartments that could be constructed and a traffic trip
report.

Janet Rathburn said she thinks the curb cuts are too close to the intersection.

Russ Mitchell said he felt the curb cut should be at Coffee Tree Lane.

The Supervisor said he shared the concerns for the curb cuts, but it was up to the County to determine where they would be.

Councilor Bray said she had concerns for cars coming out of Meadow Wood Drive as also.

The Supervisor said he was not in favor of expanding commercial zoning in that area.

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

Councilor Ulatowski moved the adoption of a resolution adjourning this public hearing to May 1, 2006 to commence at 7:44 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

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

Zone change (PH) - Town Board Case #930 - JONATHAN R. BURDICK;

Special Permit (PH) - Town Board Case #935 - JONATHAN R. BURDICK; and

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

A public hearing 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);

and a public hearing 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);

and a public hearing 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);

and a public hearing 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, (part of Tax Map No. 019.-02-22.1) were opened by the Supervisor. Proof of publications and postings were furnished by the Town Clerk.

Architect Brian Manthey, explained that Moyers Corners wants to renovate their fire station. They didn’t need all the land their station is on, so they are selling a part of it to Mr. Burdick. They want to join the two parcels that Mr. Burdick already owns and make it HC-1 Highway Commercial. He has contracted to buy the land from Moyers Corners Fire Department, Inc. and wants to use this parcel for truck sales with a small building as a sales office.

The Supervisor noted that Mr. Burdick’s property is non-conforming now but the zone change would make it legal.

Mr. Manthey stated that they plan on developing only 62% of the parcel.

Councilor Bray asked if they needed a variance and Mr. Manthey replied that Mr. Burdick was granted the variances needed by the Zoning Board of Appeals, conditioned on approval of the zone change.

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

Councilor Ulatowski moved the adoption of a resolution approving the extension of Patricia Manor Sewer District, within the Town of Clay to be designated and known as “PATRICIA MANOR SEWER DISTRICT, EXTENSION NO. 1”. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

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

Councilor Ulatowski moved the adoption of a resolution approving the extension of Patricia Manor Drainage District, within the Town of Clay to be designated and known as “PATRICIA MANOR DRAINAGE DISTRICT, EXTENSION NO. 1”. (Patricia Manor, Section “C” Subdivision). Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

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

Councilor Ulatowski moved the adoption of a resolution approving 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 Bray.

Ayes-6 and Noes-0. Carried.

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

Councilor Ulatowski moved the adoption of a resolution that it is in the public interest that the Town of Clay approve the construction and acquire the public facilities located within the PATRICIA MANOR, SECTION “C” SUBDIVISION (Patricia Manor Sewer District, Contract No. 2 Lateral, Patricia Manor Sewer District, Extension No. 1, Contract No. 1 Lateral, Woodard Sewer District, Extension No. 1, Contract No. 1
Lateral, Patricia Manor Drainage District, Extension No. 1, Contract No. 1 Lateral and Patricia Manor Water Supply District) in accordance with the terms and conditions of a certain Agreement entered into between the Town of Clay and the developer NICOLINO PADUANO Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

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

Councilor Edick moved the adoption of a resolution that (it is/it is not) in the public interest that the Town of Clay approve the construction and acquire the public facilities located within WILLOWSTREAM 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) in accordance with the terms and
conditions of a certain Agreement entered into between the Town of Clay and the developer J. ALBERICI AND SONS, INC. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Personnel - Justice Court:

Councilor Bray moved the adoption of a resolution approving the addition of one (1) full-time Clerk to the Court and one (1) full-time Deputy Clerk to the Court. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Lighting (street lights) - Sandbar Lane & Sampan Way:

Councilor Ulatowski moved the adoption of a resolution authorizing the installation of eight (8) 100-watt high-pressure fixtures mounted on 16’ fiberglass embedded poles on SANDBAR LANE and SAMPAN WAY in the STREAMWOOD development per the attached National Grid proposal and map dated April 5, 2006. The estimated annual
cost of $1,800.00 is to be charged to the CLAY CONSOLIDATED LIGHTING DISTRICT NO. 2 (LT-246). (Amending resolution of November 7, 2005) Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case #940 - 8498 Maple Road & 8508 Maple Road:

Councilor Edick moved the adoption of a resolution calling a public hearing May 1st, 2006, commencing at 7:38 P.M., local time, on motion of the Town Board, to consider a change of zone from O-2 Office District to RA 100 Residential Agricultural District, on property located at 8498 Maple Road owned by Patrick B. and Mary E. Salanger, (Tax Map No. 063.-01-02.1) and 8508 Maple Road, owned by Steven J. Burns, (Tax Map No. 063.-01-03.1). Said properties have not been utilized as offices
for over 18 months. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Special Permit (CPH) - Town Board Case #939 - STARBUCKS COFFEE, INC.:

Councilor Bray moved the adoption of a resolution calling a public hearing May 1st, 2006, commencing at 7:41 P.M., local time, to consider the application of STARBUCKS COFFEE, INC., for a Special Permit to Construct and Operate a 1,752 Square Foot free standing “Starbucks” with Drive-In Service, and all associated Parking and Access Drives at the Proposed “Starbucks Coffee Company Store”, on part of property located at 5380 West Taft Road, Tax Map No. 117.-10-20.1 and property located on Brewerton Road, Tax Map No. 117.-10-22.2, both parcels being owned by Gelsomin Family Limited Partnership and zoned RC-1 Regional Commercial. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Purchase/Clay Police Department:

Councilor Edick moved the adoption of a resolution authorizing the purchase of ONE NEW 2006 FORD TAURUS LX, 4DR SEDAN, UNDER COUNTY CONTRACT NUMBER 5922 FROM NYE FORD FOR USE BY THE TOWN OF CLAY POLICE DEPARTMENT for the sum not to exceed $12,671.00. Motion was seconded by Councilor Weaver.

Ayes-6 and Noes-0. Carried.


Permit application - Panther Park Parking Lot Expansion:

Councilor Ulatowski moved the adoption of a resolution in support of the Town’s application for a permit to occupy lands in which the Onondaga County  Water District has an interest. The application is necessary to allow for the construction of an addition/expansion of the Panther Park Parking Lot located at 4821 Wetzel Road. The project includes a 150 x 150 foot expansion of pavement to accommodate additional football game parking. The underlying application to the Onondaga County Water District is necessary because all or part of the additional lands are located within an
area in which The Onondaga County Water District has an interest. If accepted, the Town of Clay will assume obligations and liabilities associated with the use of land as outlined in the “Application”, a copy of which has been provided to the Board. Motion was seconded by Councilor Bray.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:50 P.M. upon motion by Councilor Bray and seconded by Councilor Ulatowski. Ayes-6 and Noes-0. Carried.

Archived Minutes