May 15, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 15th of May, 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
William C. Weaver       Councilor
Vivian I. Mason            Town Clerk
David Tessier               Commissioner of Planning & Development
John Marzocchi            Acting Town Attorney
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.

Approval of Minutes:

Councilor Ulatowski moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on May 1, 2006. Motion was seconded by Councilor Rowley.

Ayes-7 and Noes-0. Unanimously carried.

Correspondence/Other Business:

Greg Tweedy gave a presentation regarding the upheaval and mess that the Onondaga County Water Authority has created in their neighborhood on Riviera Drive, in the process of putting in a water line through to Hastings. The residents bore the mess with the understanding they would be able to tap in and have water piped to their homes.  They are upset to find they will not be getting it. The Supervisor suggested that he meet with the residents next Monday at 7:00 P.M., along with the Town Engineer and
a representative from the Onondaga County Water Authority. 

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

Councilor Rowley moved the adoption of a resolution that the application of JONATHAN R. BURDICK and MOYERS CORNERS FIRE DEPARTMENT, INC., for a change of zone on property located at 8481 Oswego Road, (part of Tax Map No. 019.-02-22.1) from Gov Government District to HC-1 Highway Commercial District 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-5, Noes-1, and Abstention 1, Councilor Weaver voting no, and Counselor Rycraft abstaining. Carried.

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

Councilor Rowley moved the adoption of a resolution approving 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), subject to commitments as offered by the applicant in his May 11, 2006 letter to
the Commissioner of Planning and Development in the form of a recorded covenant. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-1, Councilor Rycraft voting no. Carried.

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

Councilor Rowley moved the adoption of a resolution that 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) 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 Bray.

Ayes-6, Noes-0, and Abstention 1, Councilor Rycraft abstaining. Carried.

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

Councilor Rowley moved the adoption of a resolution approving 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) subject to commitments as offered by the applicant in his May 11, 2006 letter to the Commissioner of Planning and Development in the form of a recorded covenant. 
Motion was seconded by Councilor Edick.

Ayes-6, Noes-0, and Abstention 1, Councilor Rycraft abstaining. Carried.

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

Councilor Rowley moved the adoption of a resolution that 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) 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-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving 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-1, Councilor Rycraft voting no. Carried.

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

Councilor Rowley moved the adoption of a resolution that 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) 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-7 and Noes-0. Unanimously carried.

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

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

Ayes-6 and Noes-1, Councilor Rycraft voting no. Carried.

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

Councilor Rowley moved the adoption of a resolution that the application of STARBUCKS COFFEE, INC., for a Special Permit to Construct and Operate a Drive-In Service 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), 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 Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

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

Councilor Rowley moved the adoption of a resolution approving the application of STARBUCKS COFFEE, INC., for a Special Permit to Construct and Operate a Drive-In Service 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.

Councilor Edick commented that the Eckerd Drug Store is brick construction and has a nice appearance, and would like Starbucks to look just as attractive, like their  building that was built in DeWitt. Councilor Bray totally agreed with Councilor Edick and added that she would like that message conveyed to the Planning Board.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (PH-ADJ) - Town Board Case #938 - STEVEN GEIGER and DONALD J. and MARY ANN GABOR:

A public hearing to consider an application of STEVEN GEIGER and DONALD J. and MARY ANN GABOR for a change of zone from RA-100 Agricultural/Residential District to NC-1 Neighborhood Commercial District on property located at 8150 Morgan Road, (Tax Map No. 070.-01-07.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Attorney Robert Ventre, representing the applicants located the parcel on the northeast corner of Waterhouse Road and Morgan Road. They would like it zoned Neighborhood Commercial to perhaps build a convenience store, or bank, or some other permitted use, which would provide basic services to the surrounding residential developments. They are asking the Town if this concept could be part of Town planning.

The Supervisor inquired about lot size and what size building could be constructed. He asked Commissioner Tessier to draw it out, so the Board could have an idea of what the build out could be. The Supervisor read the Onondaga County Planning Board’s recommendation, and their comments, number 1-6.

Several residents commented that they felt it should remain residential, while others felt there should be a plan of how to develop these parcels. The Supervisor noted that there is a committee, which is discussing the possible uses of the land and how they feel it should be developed. He has asked Commissioner Tessier to write a report as to what their concerns and input is regarding development of the Morgan Road, Waterhouse Road 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 the hearing to June 5, 2006 to commence at 7:38 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Zone change (PH) - Town Board Case #932 - SUBDIVISIONS, INC., ROBERT BENEVENTO and JASON THOMAS:

A public hearing to consider a petition made by SUBDIVISIONS, INC., ROBERT BENEVENTO and JASON THOMAS for a change of zone from RA-100 Residential/Agricultural District to R-10 One-Family Residential District on property located at 8202 Morgan Road, (Tax Map No. 070.-01-080). was opened by the Supervisor. Adjourned to this date and time at the May 1st, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

The Supervisor commented that according to the Town’s subdivision regulations, only one access to this residential development from Waterhouse Road would make it a dead end road, and therefore not legal according to the regulations. The responsibility of the Town Board is to determine the best use of the land, whereas the Town Planning Board
will determine the layout of the roads, which will include the egress and ingress. The Onondaga County Planning Board recommendation is that there will not be full access to Morgan Road; they would like a right in, right out turn only.

One resident said she thinks there should be a traffic light installed at the Morgan Road/Fairway East entrance.

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. Adjourned to this date and time at the May 1st, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

Doug Kline, representing the applicant, said they would like to discuss the land use for the back part of the parcel. They would be willing to go for the Neighborhood Commercial zoning instead of the Highway Commercial zoning.

Supervisor Rupprecht explained that the only thing the Board could consider tonight is the Highway Commercial request. Mr. Kline said he would like a comment from the Board as to what direction they should go, to which the Supervisor explained that for them to apply for any other zoning would require an amendment to their application or they would have to reapply. He said he didn’t object to the use, but he didn’t like the
looks of the building.

Councilor Rycraft said that historically this parcel has been zoned as apartments and the Boards have felt that was appropriate. The County has advised the Town to be careful about what goes in there due to traffic concerns. Councilor Rycraft said his big concern is commercial use on this corner and the traffic coming in and coming out.

Mr. Kline said that access could be configured differently to serve the needs and have it safe.

Councilor Bray noted that this is an important intersection and that the Board has to be very careful of the physical environment. She urges the applicant to talk to the residents in the area and Mr. Kline said that they would make sure that happens. To give them time to do that, Mr. Kline asked for a month’s delay.

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

Supervisor Rupprecht moved the adoption of a resolution adjourning the hearing to June 19, 2006 to commence at 7:35 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-7 and Noes-0. Unanimously carried.

Impact Area Policies - Industrial Districts:

Councilor Bray moved the adoption of a resolution approving the Impact Area Policies for Industrial Districts in the Town of Clay (I-1- Woodard Industrial District; I-2, Clay Industrial District, and Scattered Industrial Districts within the Town of Clay) all as shown on documents on file in the Town Clerk’s Office dated March 30th, 2006. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Appointment - CLAY VOLUNTEER FIRE DEPARTMENT, INC.:

Councilor Rowley moved the adoption of a resolution approving the appointment of MATTHEW J. CERVINO, PETER M. FABIANEK and CHRISTOPHER A. VOLPE as volunteer members of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Weaver.

Ayes-7 and Noes-0. Unanimously carried.

Local Law No. 5 of the Year 2006 - “Zoning” (nonconformities):

Councilor Bray moved the adoption of a resolution calling a public hearing June 5th, 2006 commencing at 7:35 P.M., local time, to consider proposed Local Law No. 5 of the Year 2006 Amending Chapter 230 entitled “ZONING” of the Code of the Town of Clay by adding a sentence to Section 230-23 Nonconformities, Subdivision B. Definitions - Nonconforming Use. The purpose of this Local Law is to clarify that a nonconforming use must be discontinued prior to said property being
used for a conforming use. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Meetings - Cancellation/rescheduling:

Councilor Rowley moved the adoption of a resolution canceling the July 3rd, 2006 and August 7th, 2006 Town Board Meetings and further canceling the September 4th, 2006 Town Board Meeting due to Labor Day and rescheduling same for September 6th, 2006.. The Town Board will only meet on July 17th, 2006 and August 21st, 2006 during the Summer. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried.

Personnel/Highway - Union Contract:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to execute a Labor Contract Renewal between the Town of Clay and New York State Teamsters Local 317 with regard to the Highway Department labor unit. The new agreement covers the period from January 1, 2006 to December 31st, 2009. The contract renewal terms and conditions were the subject of collective bargaining over
the last several months, and the contract was endorsed and ratified by the unit. All Town Counselors have all been supplied with a copy of the renewal contract. Motion was seconded by Councilor Bray.

Councilor Rowley said he would be voting against this resolution. He stated that he is not against the highway employees, he thinks they do an excellent job, but he feels the contract is unreasonable regarding post retirement (GASB 45) as it could be very costly for the Town in the future. Councilor Edick said Councilor Rowley had a good point but he would be voting yes.

Ayes-6 and Noes-1, Councilor Rowley voting no. Carried.

Authorization - Study of Morgan Road:

Councilor Rowley moved the adoption of a resolution authorizing the Supervisor to request the Onondaga County Department of Transportation to prepare a study of Morgan Road from Wetzel Road to State Route 31. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried.

Adjournment:

The meeting was adjourned at 10:17 P.M. upon motion by Councilor Bray and seconded by Councilor Rowley. Ayes-7 and Noes-0. Unanimously carried.

Archived Minutes