December 4, 2006

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 4th of December, 2006 at 7:30 P.M., there were:

PRESENT:

James J. Rowley            Supervisor
Damian M. Ulatowski    Councilor/Deputy Supervisor
Clarence A. Rycraft       Councilor
Naomi R. Bray              Councilor
Robert L. Edick             Councilor
William C. Weaver        Councilor
Vivian I. Mason             Town Clerk
David W. Tessier          Commissioner of Planning & Development
Robert M. Germain       Town Attorney
Douglas R. Wickman     Town Engineer

The meeting was called to order by 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 November 20, 2006. Motion was seconded by Councilor Weaver.

Ayes-6 and Noes-0. Carried.

Cancellations and/or requested adjournments:

Syracuse Clay Associates and Development Assistance Group are requesting an adjournment.

Correspondence/Other Business:

Supervisor Rowley announced that the Commissioner of Planning and Development has tendered his resignation as of December 8, 2006.

Motion was made by Supervisor Rowley to adopt the following resolution:

WHEREAS, DAVID W. TESSIER, (“Dave”) has served the residents of
the Town of Clay for approximately nine and one-half years (9 ½) years,
and

WHEREAS, he has announced his resignation from the Town of Clay, and

WHEREAS, Dave has served in a number of important capacities as well
as his role as the Commissioner of Planning and Development, and

WHEREAS, Dave has made many positive contributions to the
development and planning of the Town of Clay, as well as other areas for
the Town,

NOW, THEREFORE, BE IT RESOLVED, that the Town of Clay is a
better place to live, work and raise children thanks to Dave’s efforts, and
the Town Board, on behalf of themselves and the community, wants to
publicly acknowledge their thanks and appreciation to him for his many
years of faithful service to the Town of Clay and offer best wishes to him
in his future endeavors.

Motion was seconded by Councilor Bray.

Councilor Bray thanked Commissioner Tessier for his time and efforts that he contributed towards the rewriting of the zoning ordinance. It took the committee six years and they met twice a month and spent hours and hours on that task.

Supervisor Rowley also extended his thanks and wished him well.

Ayes-6 and Noes-0. Carried.

Special Permit (SEQR) - Town Board Case #952 - BAYBERRY PLAZA:

No action taken.

Special Permit (D) - Town Board Case #952 - BAYBERRY PLAZA:

Councilor Bray moved the adoption of a resolution denying the application of BAYBERRY PLAZA for a SPECIAL PERMIT TO BUILD AND OPERATE A DRIVE-IN SERVICE for a proposed Kinney Drug Store to be located at Bayberry Plaza, being part of 7608 Oswego Road, (part of Tax Map No. 094.-01-08.1 – RC-1 Zoning). Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Zone change (PH) - Town Board Case #953 - ROBIN DEVELOPMENT, INC., I, and LAMJAK REALTY CO., INC.:

A public hearing to consider the application of ROBIN DEVELOPMENT, INC., I, and LAMJAK REALTY CO., INC., for a change of zone from I-1 Industrial District to HC-1 Highway Commercial District on property located off Morgan Road, south of Wetzel Road, (part of Tax Map No. 087.-01-01.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Marty Merola of Robin Development, Inc., I, is proposing to build an Industrial Site Information building for the Town, plus a ball park, playground and picnic area, to be used by mainly the businesses that go in the park, but would be available to the public also. This along with sewers, would be built at no cost to the Town and would be deeded to the Town. He is also proposing a drug store, a car wash and perhaps a bank, but
whomever, it will be limited to service businesses.

Supervisor Rowley commented that he has a struggle with changing Industrial use to Commercial use. He also has concerns regarding traffic and that the business would be at the corner.

Councilor Rycraft noted that it is a very busy corner and over the years the Town has resisted development of that corner. There are residences and a church and he fears that allowing commercial use would set a precedent.

Mr. Merola reiterated that he would be turning over the building, ball field/park and sewers to the Town at no cost.

Councilor Edick commented that he felt commercial use was a good buffer to an Industrial use, but would Mr. Merola save the white pines. Mr. Merola said he would save as many as possible.

Councilor Bray asked how close the carwash driveway would be to the intersection and Mr. Merola said 400 feet.

Councilor Edick asked how many jobs would be added, and Mr. Merola said besides the construction jobs, upon completion the business would provide approximately 47 jobs.

Councilor Weaver also questioned the entrances and exits to the car wash.

Mr. Updike, a resident, voiced concerns for the ball field being close to the railroad tracks. He asked Mr. Merola if he had talked to the recreation department and the highway department to find out if they want to be responsible for another park.

Russ Mitchell said he didn’t think the Town needed a park there, there’s one already on Wetzel Road, and this location would be hazardous for children crossing Morgan Road  to play there. As for the information center, he feels that Town Hall is the information center.

A former resident, from the Wetzel Road vicinity, noted that there is already a car wash and there was a pharmacy on Wetzel Road and Route 57 that failed.

Tina Bee asked if the Town would incur expenses if this project is approved and Supervisor Rowley said yes, maintenance and liability, but not taxes.

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) - Town Board Case #954 - 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; and

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

Zone change (PH) - 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:

A public hearing to consider the second 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 DISTRICT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL COMMERCIAL DISTRICT on property located at
3838 State Route 31 (four lots) consisting of 28± acres, (part of Tax Map Nos. 053.-01-21.1, 053.-01-22.1, 053.-01-23.1 and 053.-01-24.1); and 

a public hearing 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, (proposed Apartments) (Adjourned to this date and time at the November 20th, 2006 Town Board Meeting); and

a public hearing 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 DISTRICT and RA-100 RESIDENTIAL/AGRICULTURAL DISTRICT to RC-1 REGIONAL COMMERCIAL DISTRICT on property located at 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, (proposed Lowe’s site) (Adjourned to this date and time at the November 20th, 2006 Town Board Meeting) were opened by the Supervisor. Proofs of publication and postings were furnished by the Town Clerk.

Kate Johnson, legal counsel for COR, gave an overview of their plans showing the proposed Lowe’s building which has been moved further back from the highway. This will allow better landscaping for its frontage on Route 31. They will covenant a portion of the property behind Lowes to the Town. She also gave a brief reiteration of the traffic impact that has been discussed at previous meetings.

Supervisor Rowley read a portion of the recommendations by FRA Engineering in their letter of November 29, 2006. He also noted the comments in an email from William Egloff, who is with the New York State Department of Transportation.

Attorney Johnson said she didn’t see any problems with these
comments/recommendations, she only took exception to their referral of access to VerPlank Road, since they do not own any land that abuts it.

Councilor Edick stated that he wanted a “T” at the entrance to the store, that would cause motorists to go to the right and to the left rather than directly through the parking lot.

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 hearings were closed.

Zone Change (PH-ADJ) - 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:

A public hearing 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 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,
(proposed Wal-Mart site). was opened by the Supervisor. Adjourned to this date and time at the November 20th, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

No applicants were present.

Supervisor Rowley asked if anyone had any comments or questions and there were none.

Supervisor Rowley stated that the hearing is adjourned indefinitely, and that the applicant will have to re-advertize.

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

A public hearing 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, (proposed Amedore Homes site) was opened by the Supervisor. Adjourned to this date and time at the November 20th, 2006 Town Board Meeting. Proof of publication and posting was furnished by the Town Clerk.

No applicants were present.

Supervisor Rowley asked if anyone had any comments or questions and there were none.

Supervisor Rowley stated that the hearing is adjourned indefinitely, and that the applicant will have to re-advertize.

Lighting/Street Lights - Pompton Knolls:

Councilor Ulatowski moved the adoption of a resolution authorizing the conversion of thirty-three (33) 70-watt high pressure sodium lights to 100-watt high pressure sodium lights in order to increase the illumination level within the POMPTON KNOLLS development at an estimated additional annual cost of $495.00, as shown on the November 21, 2006, proposal of National Grid. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Lighting/Street Lights - Town Hall:

Councilor Ulatowski moved the adoption of a resolution authorizing the installation of 250-watt high pressure sodium lights be placed on poles 93, 95, and 96, and that the existing 100-watt high pressure sodium light on pole 92 be moved in order to increase the lighting level along NYS Route 31 in front of the Town Hall (4401 State Route 31) at an estimated additional annual cost of $445.46, as shown on the November 21,
2006, proposal of National Grid. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Lighting/Street Lights - Clay Central Park:

Councilor Edick moved the adoption of a resolution authorizing the installation of a street light to the turn-around at CLAY CENTRAL PARK, currently there are four (4) lights within the Wetzel Road side of Clay Central Park. The proposed light would be placed on the turn-around at an estimated additional annual cost of $581.53, as shown on the November 21, 2006 proposal of National Grid. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Personnel - Employee Handbook/ Town of Clay Clerical Workers Collective Bargaining Agreement:

Councilor Edick moved the adoption of a resolution pursuant to Section 92 of the General Municipal Law officially amending the Town of Clay Employee Handbook and employment policies to extend any and all employment terms, benefits and conditions as detailed in the Town of Clay Clerical Workers Collective Bargaining Agreement to all Town Hall employees equally. Motion was seconded by Councilor Ulatowski.

Ayes-6 and Noes-0. Carried.

Zone change (FEIS) - Town Board Case #945 & #954- 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 accepting the FINAL ENVIRONMENTAL IMPACT STATEMENT submitted by NAPOLITANO ROUTE 31 COMPANY, LLC, ET AL, for a change of zone on property located at 3838 State Route 31, on the south side, opposite the COR Shopping Center, consisting of (22±/28± acres) being part of Tax Map Nos. 053-01-21.1, 053-01-22.1, 053-01-23.1 and 053-01-24.1. Said FEIS complies with the requirements set forth in Article 8 of the Environmental Conservation Law. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

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

Councilor Ulatowski moved the adoption of a resolution accepting the FINAL ENVIRONMENTAL IMPACT STATEMENT submitted by COR LASER DRIVE COMPANY, LLC, ET AL, for a change of zone on property located on the North side of State Route 31 and West of the intersection of Dell Center Drive and Laser Drive, to the north and west of the COR Shopping Center, consisting of 76 ± acres, (part of Tax
Map No 021-01-02.3). Said FEIS complies with the requirements set forth in Article 8 of the Environmental Conservation Law. Motion was seconded by Councilor Edick.

Ayes-6 and Noes-0. Carried.

Traffic & Vehicles - Stop Signs (CPH) - OASIS LANE:

Councilor Bray moved the adoption of a resolution calling a public hearing December 18th, 2006, commencing at 7:35 P.M., local time to consider amendment of Chapter 211, Traffic and Vehicles Ordinance, Section 211-12 Stop Intersection, Schedule IX, Stop Intersections (Section 211-42) of the Town of Clay Code to designate and provide for a STOP SIGN on OASIS LANE at MIRAGE LANE and the installation of the necessary signs therefore. Motion was seconded by Councilor Rycraft.

Ayes-6 and Noes-0. Carried.

Adjournment:

The meeting was adjourned at 9:03 P.M. upon motion by Councilor Bray and seconded by Supervisor Rowley. Ayes-6 and Noes-0. Carried.


Archived Minutes