June 5, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 5th of June, 2006 at 7:30 P.M., there were:

PRESENT:
James Rowley              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
Robert Germain            Town Attorney
Doug Wickman             Town Engineer

ABSENT:
Mark Rupprecht           Supervisor
Robert L. Edick            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 May 15, 2006. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Correspondence/Other Business:

Deputy Supervisor Rowley commended Michael Christie of Clay, who tied for sixth place in the National Spelling Bee. He goes to Bishop Grimes.

The Deputy Supervisor read a proclamation that will be presented at the Bayberry Community Association Dinner this weekend. It commemorates the BCA’s 50th anniversary.

A representative of the Can Teen Center thanked everyone for their support and said she hoped they would see people participate at the center.

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

No action taken.

Zone change (no action) - Town Board Case #932 - SUBDIVISIONS, INC., ROBERT BENEVENTO and JASON THOMAS:

No action taken.

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

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

Commissioner Tessier explained that the Zoning Board of Appeals has asked for clarification and it was proposed to the Zoning Committee. This is their recommendation, so a sentence is being added for the clarification.

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.

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 Deputy Supervisor. Proof of publication and posting was furnished by the Town Clerk. (Adjourned to this date and time at the May 15th, 2006 Town Board Meeting.)

Attorney Robert Ventre said he talked to Jim Stelter at the County DOT and they do not know what will be done at the intersection of Waterhouse Road and Morgan Road.  Perhaps in the future there will be a signal light.

A couple of residents voiced their opposition to anything commercial on that corner.

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

Councilor Rycraft moved the adoption of a resolution adjourning this public hearing to July 17, 2006, commencing at 7:35 P.M. local time. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Deed/Project - SUBDIVISION OF LANDS OF FROST – II:

Councilor Rycraft moved the adoption of a resolution accepting a Deed from JACK B. FROST, individually and as sole distributee of Clarence V. Frost, (who died December 19, 1994), for a strip of land 5.25 ft. wide by 145.42± ft. long, for future road widening purposes, as shown on a FINAL PLAT prepared by DAVID A. VREDENBURGH, Licensed Land Surveyor, of Cazenovia, New York, dated April 21, 2006, entitled
SUBDIVISION OF LANDS OF FROST – II, located on Orangeport Road, Town of Clay, New York. Subject to Town Engineers and Town Attorney as to form and content.  Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Deed/project - SUBDIVISION OF LANDS OF FROST – II:

Councilor Ulatowski moved the adoption of a resolution accepting a Deed from JACK B. FROST, individually and as sole distributee of Clarence V. Frost, (who died December 19, 1994), for a strip of land 5.25 ft. wide by 58.00± ft. long, for future road widening purposes, as shown on a FINAL PLAT prepared by DAVID A. VREDENBURGH, Licensed Land Surveyor, of Cazenovia, New York, dated April 21, 2006, entitled SUBDIVISION OF LANDS OF FROST – II, located on Orangeport Road, Town of Clay, New York. Subject to Town Engineers and Town
Attorney as to form and content. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Purchase/Highway (plow/dump trucks):

Councilor Ulatowski moved the adoption of a resolution authorizing the purchase under NYSOGS Contract No. PC62376, TWO (2) 2007 STERLING LT9513 TANDEM AXLE PLOW/DUMP TRUCKS FOR USE BY THE HIGHWAY DEPARTMENT, for a sum not to exceed $300,000.00. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Bond/Purchase/Highway (plow/dump trucks):

Councilor Ulatowski moved the adoption of a Bond Resolution in the amount of $300,000.00 for the purchase of TWO (2) 2007 STERLING LT9513 TANDEM AXLE PLOW/DUMP TRUCKS FOR USE BY THE HIGHWAY DEPARTMENT. Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Sewer Lateral connection (103 Northfield Drive):

Councilor Bray moved the adoption of a resolution authorizing a sewer lateral connection, pursuant to the written request of Mr. Raymond J. Giamartino, (the property owner), to a Town of Clay sanitary sewer manhole located at Northfield Drive for servicing his proposed home at 103 Northfield Drive (Tax Map No. 102.-01-08.1).  The property owner agrees to pay all costs (Town and private) associated with the
sanitary sewer connection as well as the Town of Clay Operation and Maintenance charges as annually assessed for one unit per acre and the County Sanitary District charges. The property is located within the Allen Road Sewer District. The owner further agrees to pay all annual Town and County charges thereafter. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Authorization/Lease Agreement:

Councilor Bray moved the adoption of a resolution authorizing the Supervisor to execute a Lease Agreement between the LIVERPOOL CENTRAL SCHOOL DISTRICT and the TOWN OF CLAY with regard to the use of the school’s facilities for the Town’s Athletic Program for the current school year and shall extend from June 20th, 2006 to August 10th, 2006, at a cost of approximately $2,270.00, subject to additions or deletions of program(s) which will fall under this agreement. Motion was
seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Appointments - MOYERS CORNERS FIRE DEPARTMENT, INC.:

Councilor Rycraft moved the adoption of a resolution approving the appointment of JAMES O’CONNOR and ANDREW GAIDO – STATION 1 and KYLE PIEPER – STATION 2 as volunteer members of the MOYERS CORNERS FIRE DEPARTMENT, INC. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Agreement/Project - COLONIAL VILLAGE OFFICE PARK:

Councilor Rycraft moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with WILLIAM J. ADAMS, JR., for the development of COLONIAL VILLAGE OFFICE PARK, (Gaskin Road Sewer District, Contract No. 19 Lateral, Provo Estates Drainage District, Contract No. 2 Lateral and
Woodside Water District, Extension No. 3, Contract No. 16 Lateral). Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Agreement/Project - LAWTON VALLEY HUNT TRACT, SECTION NO. 14:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with KELLY-TOBIN DEVELOPMENT CORPORATION for the development of LAWTON VALLEY HUNT TRACT, SECTION NO. 14 (Lawton Valley Hunt Sewer District, Extension No. 1, Contract No. 3 Lateral and Lawton Valley Hunt Drainage District, Extension No. 1,
Contract No. 3 Lateral). Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Agreement/Project - LAWTON VALLEY HUNT TRACT, SECTION NO. 17:

Councilor Ulatowski moved the adoption of a resolution authorizing the Supervisor to enter into an Agreement on behalf of the Town with KELLY-TOBIN DEVELOPMENT CORPORATION for the development of LAWTON VALLEY HUNT TRACT, SECTION NO. 17 (Lawton Valley Hunt Sewer District, Extension No. 1, Contract No. 4 Lateral, Lawton Valley Hunt Sewer District, Extension No. 2, Contract
No. 2 Lateral, Lawton Valley Hunt Drainage District, Extension No. 1, Contract No. 4 Lateral and Lawton Valley Hunt Drainage District, Extension No. 2, Contract No. 2 Lateral). Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Special Districts (sewer)/Project (CPH) - COLONIAL VILLAGE OFFICE PARK PROJECT:

Councilor Rycraft moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 7:38 P.M., local time, to consider a petition for the construction and acquisition of a lateral sewer system within the Gaskin Road Sewer District, to be designated and known as "GASKIN ROAD SEWER DISTRICT, CONTRACT NO. 19 LATERAL". (Colonial Village Office Park Project) Motion was
seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Special Districts (drainage)/Project (CPH) - COLONIAL VILLAGE OFFICE PARK PROJECT:

Councilor Bray moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 7:41 P.M., local time, to consider a petition for the construction and acquisition of a lateral drainage system within the Provo Estates Drainage District, to be designated and known as "PROVO ESTATES DRAINAGE DISTRICT, CONTRACT NO. 2 LATERAL". (Colonial Village Office Park Project) Motion was
seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Special Districts (water)/Project (CPH) - COLONIAL VILLAGE OFFICE PARK PROJECT:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 7:44 P.M., local time, to consider a petition for the construction and acquisition of a lateral water system within the Woodside Water District, Extension No. 3, to be designated and known as "WOODSIDE WATER DISTRICT, EXTENSION NO. 3, CONTRACT NO. 16 LATERAL". (Colonial Village Office Park Project) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Special Districts (sewer)/Project (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 14:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 7:47 P.M., local time, to consider a petition for the construction and acquisition of a lateral sewer system within the Lawton Valley Hunt Sewer District, Extension No. 1, to be designated and known as “LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 1, CONTRACT NO. 3 LATERAL”. 
(Lawton Valley Hunt Tract, Section No. 14) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Special Districts (drainage)/Project (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 14:

Councilor Rycraft moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 7:50 P.M., local time, to consider a petition for the construction and acquisition of a lateral drainage system within the Lawton Valley Hunt Drainage District, Extension No. 1, to be designated and known as “LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 1, CONTRACT NO. 3 LATERAL”. (Lawton Valley Hunt Tract, Section No. 14) Motion was seconded by
Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Special Districts (sewer)/Project (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 17:

Councilor Rycraft moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 7:53 P.M., local time, to consider a petition for the construction and acquisition of a lateral sewer system within the Lawton Valley Hunt Sewer District, Extension No. 1, to be designated and known as “LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 1, CONTRACT NO. 4 LATERAL”. 
(Lawton Valley Hunt Tract, Section No. 17) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Special Districts (sewer)/Project (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 17:

Councilor Rycraft moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 7:56 P.M., local time, to consider a petition for the construction and acquisition of a lateral sewer system within the Lawton Valley Hunt Sewer District, Extension No.2, to be designated and known as “LAWTON VALLEY HUNT SEWER DISTRICT, EXTENSION NO. 2, CONTRACT NO. 2 LATERAL”. 
(Lawton Valley Hunt Tract, Section No. 17) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Special Districts (drainage)/Project (CPH) - LAWTON VALLEY HUNT
TRACT, SECTION NO. 17:

Councilor Rycraft moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 7:59 P.M., local time, to consider a petition for the construction and acquisition of a lateral drainage system within the Lawton Valley Hunt Drainage District, Extension No. 1, to be designated and known as “LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 1, CONTRACT NO. 4 LATERAL”. (Lawton Valley Hunt Tract, Section No. 17) Motion was seconded by
Councilor Weaver.

Ayes-5 and Noes-0. Carried.

Special Districts (drainage)/Project (CPH) - LAWTON VALLEY HUNT TRACT, SECTION NO. 17:

Councilor Rycraft moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 8:02 P.M., local time, to consider a petition for the construction and acquisition of a lateral drainage system within the Lawton Valley Hunt Drainage District, Extension No. 2, to be designated and known as “LAWTON VALLEY HUNT DRAINAGE DISTRICT, EXTENSION NO. 2, CONTRACT NO. 2 LATERAL”. (Lawton Valley Hunt Tract, Section No. 17) Motion was seconded by
Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case #941 - DEVELOPMENT ASSISTANCE GROUP, LLC, JULIA M. LA SALLE and ESTATE OF MARY L. MACKEY:

Councilor Bray moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 8:05 P.M., local time, to consider the application of DEVELOPMENT ASSISTANCE GROUP, LLC, JULIA M. LA SALLE and ESTATE OF MARY L. MACKEY for a change of zone from RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to PDD PLANNED DEVELOPMENT DISTRICT on property located at 3715 and an unnumbered parcel on State Route 31, on the north side, west of the railroad tracks, consisting of 47± acres, (Tax Map Nos. 020.-01-05.2 and 020.-01-05.1). Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Zone Change (SEQR) - Town Board Case #941 - DEVELOPMENT
ASSISTANCE GROUP, LLC, JULIA M. LA SALLE and ESTATE OF MARY L. MACKEY:

Councilor Bray moved the adoption of a resolution that the application of
DEVELOPMENT ASSISTANCE GROUP, LLC, JULIA M. LA SALLE and ESTATE OF MARY L. MACKEY for a change of zone from RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to PDD PLANNED DEVELOPMENT DISTRICT on property located at 3715 and an unnumbered parcel on State Route 31, on the north side, west of the railroad tracks, consisting of 47± acres, (Tax Map Nos. 020.-01-05.2 and 020.-01-05.1) is a Type 1 action, which involves other permit granting agencies outside the Town to whom notification must be given that a lead agency must be designated within 30 days. The Town Board proposes
that without dissent from another agency the lead agency designated will be the Town Board of the Town of Clay. (The Commissioner of Planning & Development recommends the preparation of a Draft Environmental Impact Statement (DEIS) focusing on Traffic and Drainage.) Motion was seconded by Councilor Ulatowski. 

Ayes-5 and Noes-0. Carried.

Zone Change (CPH) - Town Board Case #942 - SYRACUSE CLAY
ASSOCIATES, LLC, ELLIS C. and IRENE M. BORT TRUST, MOYERS CORNERS FIRE DEPARTMENT, INC., CHRISTINE R. RUPERT and PINE PLAINS DEVELOPMENT CORPORATION:

Councilor Ulatowski moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 8:08 P.M., local time, to consider the application of SYRACUSE CLAY ASSOCIATES, LLC, ELLIS C. and IRENE M. BORT TRUST, MOYERS CORNERS FIRE DEPARTMENT, INC., CHRISTINE R. RUPERT and PINE PLAINS DEVELOPMENT CORPORATION for a change of zone from RA-100
RESIDENTIAL/AGRICULTURAL DISTRICT to PDD PLANNED DEVELOPMENT DISTRICT on property located at 3645 on State Route 31, 8478 and 8484 Oswego Road and an unnumbered parcel on State Route 31, consisting of 49± acres, (Tax Map Nos. 020.-01-07.1, 020.-01-08.0, 020.-01-09.2 and 020.-01-14.4). Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Zone change (SEQR) - Town Board Case #942 - SYRACUSE CLAY
ASSOCIATES, LLC, ELLIS C. and IRENE M. BORT TRUST, MOYERS CORNERS FIRE DEPARTMENT, INC., CHRISTINE R. RUPERT and PINE PLAINS DEVELOPMENT CORPORATION: 

Councilor Ulatowski moved the adoption of a resolution that the application of SYRACUSE CLAY ASSOCIATES, LLC, ELLIS C. and IRENE M. BORT TRUST, MOYERS CORNERS FIRE DEPARTMENT, INC., CHRISTINE R. RUPERT and PINE PLAINS DEVELOPMENT CORPORATION for a change of zone from RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to PDD PLANNED DEVELOPMENT DISTRICT on property located at 3645 State Route 31, 8478 and 8484 Oswego Road and an unnumbered parcel on State Route 31, consisting of 49± acres, (Tax Map Nos. 020.-01-07.1, 020.-01-08.0, 020.-01-09.2 and 020.-01-14.4), is a Type 1 action, which involves other permit granting agencies outside the Town to whom
notification must be given that a lead agency must be designated within 30 days. The Town Board proposes that without dissent from another agency the lead agency designated will be the Town Board of the Town of Clay. (The Commissioner of Planning & Development recommends the preparation of a Draft Environmental Impact Statement (DEIS) focusing on Traffic and Drainage.) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #943 - COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC:

Councilor Bray moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 8:11 P.M., local time, to consider the application of COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC for a change of zone from RC-1 REGIONAL COMMERCIAL and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to R-APT APARTMENT DISTRICT on property located north of State Route 31 and West of the intersection of Dell Center Drive and Laser Drive,
consisting of 76± acres, (part of Tax Map No. 021.-01-02.3). Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Zone change (SEQR) - Town Board Case #943 - COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC:

Councilor Ulatowski moved the adoption of a resolution that the application of COR LASER DRIVE COMPANY, LLC, and SJMJ, LLC for a change of zone from RC-1 REGIONAL COMMERCIAL and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to R-APT APARTMENT DISTRICT on property located north of State Route 31 and West of the intersection of Dell Center Drive and Laser Drive,
consisting of 76± acres, (part of Tax Map No. 021.-01-02.3), is a Type 1 action, which involves other permit granting agencies outside the Town to whom notification must be given that a lead agency must be designated within 30 days. The Town Board proposes that without dissent from another agency the lead agency designated will be the Town Board of the Town of Clay. (The Commissioner of Planning & Development recommends the preparation of a Draft Environmental Impact Statement (DEIS) focusing on Traffic and Drainage.) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Zone change (CPH) - Town Board Case #945 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE:

Councilor Bray moved the adoption of a resolution calling a public hearing June 19th, 2006, commencing at 8:14 P.M., local time, to consider the application of NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for a change of zone from R-APT APARTMENT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL
COMMERCIAL on property located 3838 State Route 31 (four lots) consisting of 22± acres, (part of Tax Map Nos. 053. -01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-01- 24.1). Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Zone change (SEQR) - Town Board Case #945 - NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE:

Councilor Ulatowski moved the adoption of a resolution that the application of NAPOLITANO ROUTE 31 COMPANY, LLC, THOMAS T. SULLIVAN, as Executor of the Estate of Thomas C. Sullivan, JOHN K. GARDNER, BRIAN ELWELL, THOMAS P. QUINLAN, JOHN M. QUINLAN and LEE L. BELLE for a change of zone from R-APT APARTMENT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL COMMERCIAL on property located 3838 State Route 31 (four lots) consisting of 22± acres, (part of Tax Map Nos. 053. -01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-01-
24.1), is a Type 1 action, which involves other permit granting agencies outside the Town to whom notification must be given that a lead agency must be designated within 30 days. The Town Board proposes that without dissent from another agency the lead agency designated will be the Town Board of the Town of Clay. (The Commissioner of Planning & Development recommends the preparation of a Draft Environmental
Impact Statement (DEIS) focusing on Traffic and Drainage.) Motion was seconded by Councilor Bray.

Ayes-5 and Noes-0. Carried.

Special Permit (CPH) - Town Board Case #946 - SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and FREDERICK and KAREN LIEBI:

Councilor Bray moved the adoption of a resolution calling a public hearing July 17th, 2006, commencing at 7:38 P.M., local time, to consider the application of SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and FREDERICK and KAREN LIEBI for a Public Utility Special Permit to construct and operate a 150’ tall communication tower with related site amenities at 8620 Gaskin Road, (part of Tax Map No. 019. -02-48.1). Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Special Permit (SEQR) - Town Board Case #946 - SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and FREDERICK and KAREN LIEBI:

Councilor Ulatowski moved the adoption of a resolution that the application of SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and FREDERICK and KAREN LIEBI for a Public Utility Special Permit to construct and operate a 150’ tall communication tower with related site amenities at 8520 Gaskin Road, (part of Tax Map No. 019. -02-48.1) 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-5 and Noes-0. Carried.

Special Permit (CPH) - Town Board Case #944 - SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and KEVIN L. BURNS:

Councilor Bray moved the adoption of a resolution calling a public hearing July 17th, 2006, commencing at 7:41 P.M., local time, to consider the application of SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and KEVIN L.  BURNS for a Public Utility Special Permit to construct and operate a 150’ tall communication tower with related site amenities at 8313 Henry Clay Boulevard,  (part of Tax Map No. 060. -02-17). Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Special Permit (SEQR) - Town Board Case #944 - SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and KEVIN L. BURNS:

Councilor Ulatowski moved the adoption of a resolution that the application of SYRACUSE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS and KEVIN L. BURNS for a Public Utility Special Permit to construct and operate a 150’ tall communication tower with related site amenities at 8313 Henry Clay Boulevard,  (part of Tax Map No. 060. -02-17) 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 Weaver.

Ayes-5 and Noes-0. Carried.

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

Councilor Bray moved the adoption of a resolution approving the 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 Uses. Motion was seconded by Councilor Ulatowski.

Ayes-5 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 8:40 P.M. upon motion by Councilor Bray and seconded by Deputy Supervisor Rowley. Ayes-5 and Noes-0. Carried.

Archived Minutes