June 21, 2010
At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 21st of June, 2010 at 7:30 P.M., there were:
PRESENT:
Damian M. Ulatowski Supervisor
Robert L. Edick Deputy Supervisor/Councilor
Clarence A. Rycraft Councilor
Naomi R. Bray Councilor
William C. Weaver Councilor
Joseph A. Bick Councilor
Bruce N. Johnson Councilor
Jill Hageman-Clark Town Clerk
Mark V. Territo Commissioner of Planning and Development
Robert M. Germain Town Attorney
Ron DeTota Town Engineer
The meeting was called to order by Supervisor Ulatowski at 7:30 P.M. All present joined in the Pledge of Allegiance.
Approval of Minutes:
Councilor Bray moved the adoption of a resolution approving the Minutes of the Regular Town Board Meeting held on June 7, 2010. Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Cancellations and/or requested adjournments:
None
Correspondence/ Other Business:
Supervisor Ulatowski stated that he wished to express his gratitude and admiration for the heroic efforts of a neighbor in the Bayberry Community that assisted in the rescue of his neighbors during a house fire over the weekend.
Special Permit (SEQR) NIAGARA MOHAWK POWER CORP.,d/b/a NATIONAL GRID:
Councilor Johnson moved the adoption of a resolution that the application of NIAGARA MOHAWK POWER CORP., d/b/a NATIONAL GRID, for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Section 230-27 I.(2)(e)[1][a] of the Clay Code, FOR AN ELECTRIC
SUBSTATION EXPANSION located on Ver Plank Road (a/k/a National Grid at 8811 Caughdenoy Road), (being part of Tax Map No. 047.-01-12.0)), 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. Motion was seconded by Councilor Bick.
Ayes-7 and Noes-0. Unanimously carried.
Special Permit (A) NIAGARA MOHAWK POWER CORP.,d/b/a NATIONAL GRID:
Councilor Johnson moved the adoption of a resolution approving the application of NIAGARA MOHAWK POWER CORP., d/b/a NATIONAL GRID, for a PUBLIC UTILITY SPECIAL PERMIT, pursuant to Section 230-27 I. (2) (e) [1] [a] of the Clay Code, FOR AN ELECTRIC SUBSTATION EXPANSION located on Ver Plank Road (a/k/a National Grid at 8811 Caughdenoy Road), (being part of Tax Map No. 047.-01-12.0). Motion was seconded by Councilor Bick.
Ayes-7 and Noes-0. Unanimously carried.
Special Permit (SEQR) PANERA BREAD:
Councilor Bick moved the adoption of a resolution that the application of PANERA BREAD for a SPECIAL PERMIT FOR A DRIVE THRU AT PANERA BAKERY, located on NYS Route 31, (being part of Tax Map No. 021.-01-12.1), 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. Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Special Permit (A) PANERA BREAD:
Councilor Bick moved the adoption of a resolution approving the application of PANERA BREAD for a SPECIAL PERMIT FOR A DRIVE THRU AT PANERA BAKERY, located on NYS Route 31, (being part of Tax Map No. 021.-01-12.1). Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Special Permit (PH) DRIVE-THRU FOR KINNEY DRUGS:
A public hearing to consider the application of BAYBERRY PLAZA, for a SPECIAL PERMIT TO CONSTRUCT AND OPERATE A DRIVE-THRU FOR KINNEY DRUGS, NEAR BLACKBERRY ROAD AT BAYBERRY PLAZA, on part of Tax Map No. 094.-01-08.1. was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.
Joe Janowski, owner of the property presented. He stated that there will be a 3500 square foot area to be demolished. The Supervisor asked if that is where the drive thru will be and it will, Mr. Janowski added that it fit into the current footprint.
Joyce Cerrito a Bayberry resident asked where the new driveway will be located. Mr. Janowski said that it will be located across from Plaza Road. She then asked if they will close the existing store and if there was a tenant lined up for the vacant spot. Mr. Janowski said that he may have a tenant. June Baycurra asked how much traffic they estimate will be generated by this drive thru. Mr. Janowski said that they are figuring 4 cars per hour but it is difficult to estimate.
Ellen Diagnault of Linnelle Meadows mentioned her concerns with the congestion of traffic at the light and the impact that another driveway will have on it. Mr. Janowski said that there is no issue with the traffic at the light unless it is a busy time of day. Ms. Diagnault stated that it is always busy at the light and it is nearly impossible to make a left turn onto Blackberry from the plaza. Councilor Rycraft asked about the width of the drive thru. Mr. Janowski said that he thought 15 feet for two lanes of traffic. Councilor Johnson pointed out that 12 feet width is depicted on the map.
Councilor Bray asked about the plan for an out parcel for the relocation of the Metro Mattress store. Mr. Janowski said that the plan is to construct an out parcel near the existing bank.
Supervisor Ulatowski said that he will adjourn this Public Hearing pending a recommendation from the Planning Board. Mr. Janowski asked if the Planning Board could be skipped. The Supervisor said that it could not.
Councilor Bray moved the adoption of a resolution adjourning the public hearing to July 19th, 2010, commencing at 7:47 P.M., local time. Motion was seconded by Councilor Johnson.
Ayes-7 and Noes-0. Unanimously carried.
Zone Change (PH/ ADJ) RED BARN COUNTRY, LLC:
A public hearing to consider the application of RED BARN COUNTRY, LLC for a change of zone from R-10 One Family Residential District to O-2 Office District on 3.56 ± acres of vacant land located south of Waxwood Circle on the west side of Buckley Road, (Tax Map No. 107.-05-46.1) was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. Adjourned to this date and time at the June 7th, 2010 Town Board Meeting.
Supervisor Ulatowski stated that he would open the hearing by giving the applicant the opportunity to present, then the board would ask questions followed by open questions by the residents in the order that they signed in.
Bill Camperlino, operating partner, began by explaining that the Planning Board has recommended that this zone change be approved. Supervisor Ulatowski asked the applicant to bring all up-to-date on this application. Mr. Camperlino reiterated that they are proposing a zone change to O-2 office for two office buildings with only one curb cut. There are no specifics due to the lack of tenants.
Mr. Camperlino said that he is proposing a single story but has not eliminated the possibility of two stories. Supervisor Ulatowski asked if there would be any retail and there will not. He then asked if the applicant were to build residential homes how many would be constructed on this parcel. Mr. Camperlino stated that they would subdivide into 3-4 residential parcels each with a curb cut onto Buckley Road. He added that the neighbors have done a good job of pinpointing issues, traffic being one of them, but added the zone change would have an insignificant impact on the existing traffic. He continued that he would be happy to have a traffic study conducted after they have an occupant. He added that lighting, buffering and drainage issues will also be studied to make the necessary improvements.
Supervisor Ulatowski said that he knows how passionate the neighbors are regarding this zone change and he has looked into the traffic issues himself and according to the sheriffs accident data from 2005- 2010 there have been 39 accidents, 4 of those occurring at Waxwood Circle. Most of the accidents resulted at the corner of Buckley and Taft Roads. He added that the Board supports a traffic study.
Councilor Bick asked about the drainage in relation to the proposed driveway and if it will be constructed higher or lower than the driveway across the street. Mr. Camperlino stated that without a user or buyer the engineering study has not been completed. He continued that he is proposing two 10,000 square foot buildings but wishes to address the concerns of the residents. Councilor Bray gave an overview of all of the allowable uses in the O2 zone, including playground, instructional, daycare and several other uses. There was a discussion regarding the possibility of covenanting the property for a single story structure. The applicant said that they may consider single story.
Ann Visloski of Briarledge Road thanked the applicant and the board for the opportunity to present the concerns of the residents. Ms. Visoloski reiterated many of the concerns that were brought up at the last meeting focusing on the traffic concerns that were brought up by many neighbors. She also asked the applicant to consider the O1 zone as opposed to the O2 which would further restrict the size and type of use for this property.
Many residents spoke addressing their concerns with the water, drainage and predominantly traffic issues. Many suggested that there are already vacancies in existing office building and do not see the need for more. Several of the residents stated that they would rather see residential properties constructed than the proposed office.
Supervisor Ulatowski said that there are many unanswered questions and that the Board really can not make a decision until the traffic, drainage and lighting studies have been completed. He further added that he would like to see the applicant sit down and discuss the options with the Town Board, Planning Board, Town Engineer and some of the residents.
Councilor Edick moved the adoption of a resolution adjourning the public hearing to July 19th, 2010, commencing at 7:50 P.M., local time. Motion was seconded by Councilor Bray.
Ayes-7 and Noes-0. Unanimously carried.
Zone Change (PH) Three Rivers Pointe (and Various):
A public hearing to consider the application of the Town of Clay on motion of the Town Board, for a change of zone on the following properties 8879 Oswego Road -, Tax Map No. 017.-01-02.1, consisting of 1.57 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Oswego Road, Tax Map No. 017.-01-02.2, consisting of 1.6 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Oswego Road - Tax Map No. 017.-01-02.3, consisting of 1.43 acres from R-10 One-Family Residential District to PDD Planned Development District; 8885 Oswego Road - Tax Map No. 017.-01-01.1, consisting of 0.2 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 8865 Gaskin Road Tax Map No. 017.-02-01.0 consisting of 0.6 acres from R-10 One-Family Residential District to PDD Planned Development District; 3382 Maider Road Tax Map No. 017.-03-01.0 consisting of 0.2 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3384 Maider Road Tax Map No. 017-03-2.0, consisting of 0.1 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3428 Maider Road Tax Map No. 017.-03-10.0 consisting of 1.83 acres from RA-100 Residential Agricultural District and I-2 Industrial 2 District to PDD Planned Development District; 3414 Maider Road Tax Map No. 017.-03-09.1, consisting of 10.83 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Maider Road Tax Map No. 017.-03-09.2 consisting of 0.6 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3473 Maider Road Tax Map No. 017.-03-11.0, consisting of 45.0 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Maider Road - Tax Map No. 017.-03-12.0, consisting of 5.20 acres from RA-100 Residential Agricultural District to PDD Planned Development District and Maider Road - Tax Map No. 016.-01-03.1, consisting of 7.35 acres from I-2, Industrial 2 District to PDD Planned Development District was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. Adjourned to this date and time at the June 7th, 2010 Town Board Meeting.
Robert Germain legal council for the Town gave a brief overview of the PDD and the necessity for the zone change, stating that this is a continuation of the Public Hearing from the previous meeting. He again explained that the State is requiring the zone change for the town to be eligible for the Grant Funding.
Supervisor Ulatowski stated that he would close the Public Hearing.
Dave Arnold stated that he had questions and comments to make. Supervisor Ulatowski apologized and gave Mr. Arnold the floor.
Mr. Arnold said that he was against this zone change, that he is a lifelong resident of Clay and does not see the need for this change. Mr. Germain again explained that to obtain the grant money offered by the State for soil remediation, the zone change must occur. Mr. Arnold again stated that he did not wish to see this take place and did not see the need for it. He continued that he was a resident and wanted to go on record stating that he was against this zone change. Supervisor Ulatowski stated that he would now close the public hearing. Mr. Arnold stated that he did not want the hearing closed. The Supervisor stated that he was closing the hearing and he did.
Mr. Arnold began loudly stating that he will bring about a lawsuit because he was not allowed to speak. Supervisor Ulatowski continued with the meeting by announcing the next public hearing.
Special Permit (PH/ADJ) GARY SPRING and TIMBERVIEW FORESTRY MANAGEMENT, INC.:
A public hearing to consider the application of GARY SPRING and TIMBERVIEW FORESTRY MANAGEMENT, INC., for a Special Permit to Operate a U-Haul Rental Facility, on part of the existing Spring Storage Park, located at 7733 Henry Clay Boulevard, part of Tax Map No. 187.-01-21.1 was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk. Adjourned to this date and time at the June 7th, 2010 Town Board Meeting.
Mark Rupprecht of CB Richard Ellis was present for the applicant and displayed the site plan. He briefly reiterated the special permit request to rent U-Haul vehicles. They are proposing approximately 6 rental vehicles and figure the rental rate to be 1 per day in the winter and 2 per day in the summer. He added that they have received a favorable recommendation from the County.
Supervisor Ulatowski 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.
Agreement / Authorization - NEWBURY WOODS SUBDIVISION:
Councilor Edick moved the adoption of a resolution authorizing the Supervisor to enter into a Standard Developers Agreement on behalf of the Town with GROUP ONE DEVELOPMENT for the development of NEWBURY WOODS SUBDIVISION. Motion was seconded by Councilor Weaver.
Ayes-7 and Noes-0. Unanimously carried.
Bid Advertisement JANITORIAL/CLEANING SERVICES of THE TOWN OF CLAY NEW TOWN HALL:
Councilor Edick moved the adoption of a resolution authorizing the advertisement of bids for the janitorial/cleaning services of TOWN OF CLAY NEW TOWN HALL, said bids to be received until July 9th, 2010, at 11:00 A.M., local time. Motion was seconded by Councilor Weaver.
Ayes-7 and Noes-0. Unanimously carried.
Appointment CLAY VOLUNTEER FIRE DEPARTMENT INC.:
Councilor Edick moved the adoption of a resolution approving the appointment of JAMES E. BOEHMER, JR., as a volunteer member of the CLAY VOLUNTEER FIRE DEPARTMENT, INC. Motion was seconded by Councilor Bick.
Ayes-7 and Noes-0. Unanimously carried.
Project/ Sewer - ARBORCREST SUBDIVISION SEWER DISTRICT:
Councilor Bick moved the adoption of a resolution authorizing a sewer lateral connection, pursuant to the written request of Mr. Ryan Wight, (the property owner), to a Town of Clay sanitary sewer manhole located at the rear of his property within the Arborcrest Subdivision Sewer District for servicing his residence at 8112 Maple Road (Tax Map No. 075.-01-11). The cost of construction will be at no cost to the Town of Clay. 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 lot and the County Sanitary Sewer District charges. The property is located within the Arborcrest Sewer District. The owner further agrees to pay all Town and County charges thereafter. This resolution is contingent upon receipt of $600.00 for engineering, legal and administrative fees from Mr. Wight. Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Assessment/ Certiorari (Discontinuance)(A) - BJS WHOLESALE CLUBS:
Councilor Johnson moved the adoption of a resolution approving the discontinuance of a certiorari action entitled BJS WHOLESALE CLUBS vs. THE TOWN OF CLAY, et al, Index No.: 2006-4486, 2007-4115, 2008-6107 and 2009-5208, for Parcel Number 028.-01-40.9 - 4145 State Route 31, by reducing the assessment for 2010/11 from $312,000.00 to $288,144.00 for tax year 2010/11, thus avoiding further costly litigation. Motion was seconded by Councilor Bray.
Ayes-7 and Noes-0. Unanimously carried.
Assessment/Certiorari(Discontinuance)(A) - OUTBACK/EMPIRE I LIMITED PARTNERSHIP (f/k/a The Mufale Limited Partnership):
Councilor Johnson moved the adoption of a resolution approving the discontinuance of a certiorari action entitled OUTBACK/EMPIRE I LIMITED PARTNERSHIP (f/k/a The Mufale Limited Partnership), vs. THE TOWN OF CLAY, et al, Index No.: 2006-4535, 2007-4447 and 2008-5911 for Parcel Number 058.-01-20.0, 3946 State Route 31, with prejudice and on the merits without costs to either party. Motion was seconded by Councilor Bray.
Ayes-7 and Noes-0. Unanimously carried.
Project /Sewer (CPH)- NEWBURY WOODS SEWER DISTRICT:
Councilor Weaver moved the adoption of a resolution calling a public hearing July 19th, 2010, commencing at 7:35 P.M., local time, to consider a petition for the creation of a sewer district within the Town of Clay to be designated and known as "NEWBURY WOODS SEWER DISTRICT", and for the construction and acquisition of a lateral drainage system therein to be designated and known as "NEWBURY WOODS SEWER DISTRICT CONTRACT NO. 1", (Newbury Woods Subdivision). Motion was seconded by Councilor Rycraft.
Ayes-7 and Noes-0. Unanimously carried.
Project /Sewer (CPH) - NEWBURY WOODS DRAINAGE DISTRICT:
Councilor Weaver moved the adoption of a resolution calling a public hearing July 19th, 2010, commencing at 7:38 P.M., local time, to consider a petition for the creation of a drainage district within the Town of Clay to be designated and known as "NEWBURY WOODS DRAINAGE DISTRICT", and for the construction and acquisition of a lateral drainage system therein to be designated and known as "NEWBURY WOODS DRAINAGE DISTRICT CONTRACT NO. 1", (Newbury Woods Subdivision). Motion was seconded by Councilor Rycraft.
Ayes-7 and Noes-0. Unanimously carried.
Project /Sewer (CPH) - NEWBURY WOODS WATER SUPPLTY DISTRICT:
Councilor Rycraft moved the adoption of a resolution calling a public hearing July 19th, 2010, commencing at 7:41 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 "NEWBURY WOODS WATER SUPPLY DISTRICT", (Newbury Woods Subdivision). Motion was seconded by Councilor Weaver.
Ayes-7 and Noes-0. Unanimously carried.
Project /Sewer (CPH) - NEWBURY WOODS LIGHTING DISTRICT:
Councilor Rycraft moved the adoption of a resolution calling a public hearing July 19th, 2010, commencing at 7:44 P.M., local time, to consider a Petition for the creation of a lighting district within the Town of Clay to be designated and known as "NEWBURY WOODS LIGHTING DISTRICT", (Newbury Woods Subdivision). Motion was seconded by Councilor Weaver.
Ayes-7 and Noes-0. Unanimously carried.
Zone Change (SEQR) Three Rivers Pointe (and Various):
Councilor Bray moved the adoption of a resolution that the application of the Town of Clay on motion of the Town Board, for a change of zone on the following properties 8879 Oswego Road -, Tax Map No. 017.-01-02.1, consisting of 1.57 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Oswego Road, Tax Map No. 017.-01-02.2, consisting of 1.6 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Oswego Road - Tax Map No. 017.-01-02.3, consisting of 1.43 acres from R-10 One-Family Residential District to PDD Planned Development District; 8885 Oswego Road - Tax Map No. 017.-01-01.1, consisting of 0.2 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 8865 Gaskin Road Tax Map No. 017.-02-01.0 consisting of 0.6 acres from R-10 One-Family Residential District to PDD Planned Development District; 3382 Maider Road Tax Map No. 017.-03-01.0 consisting of 0.2 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3384 Maider Road Tax Map No. 017-03-2.0, consisting of 0.1 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3428 Maider Road Tax Map No. 017.-03-10.0 consisting of 1.83 acres from RA-100 Residential Agricultural District and I-2 Industrial 2 District to PDD Planned Development District; 3414 Maider Road Tax Map No. 017.-03-09.1, consisting of 10.83 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Maider Road Tax Map No. 017.-03-09.2 consisting of 0.6 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3473 Maider Road Tax Map No. 017.-03-11.0, consisting of 45.0 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Maider Road - Tax Map No. 017.-03-12.0, consisting of 5.20 acres from RA-100 Residential Agricultural District to PDD Planned Development District and Maider Road - Tax Map No. 016.-01-03.1, consisting of 7.35 acres from I-2 Industrial 2 District to PDD Planned Development District. This is an unlisted action with a completed EAF and involves no other permit granting agency outside the Town. The project will not have a significant effect on the environment and therefore will not require the preparation of an EIS. Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Zone Change (A) Three Rivers Pointe (and Various):
Councilor Bray moved the adoption of a resolution approving the application of the Town of Clay on motion of the Town Board, for a change of zone on the following properties 8879 Oswego Road -, Tax Map No. 017.-01-02.1, consisting of 1.57 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Oswego Road, Tax Map No. 017.-01-02.2, consisting of 1.6 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Oswego Road - Tax Map No. 017.-01-02.3, consisting of 1.43 acres from R-10 One-Family Residential District to PDD Planned Development District; 8885 Oswego Road - Tax Map No. 017.-01-01.1, consisting of 0.2 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 8865 Gaskin Road Tax Map No. 017.-02-01.0 consisting of 0.6 acres from R-10 One-Family Residential District to PDD Planned Development District; 3382 Maider Road Tax Map No. 017.-03-01.0 consisting of 0.2 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3384 Maider Road Tax Map No. 017-03-2.0, consisting of 0.1 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3428 Maider Road Tax Map No. 017.-03-10.0 consisting of 1.83 acres from RA-100 Residential Agricultural District and I-2 Industrial 2 District to PDD Planned Development District; 3414 Maider Road Tax Map No. 017.-03-09.1, consisting of 10.83 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Maider Road Tax Map No. 017.-03-09.2 consisting of 0.6 acres from RA-100 Residential Agricultural District to PDD Planned Development District; 3473 Maider Road Tax Map No. 017.-03-11.0, consisting of 45.0 acres from RA-100 Residential Agricultural District to PDD Planned Development District; Maider Road - Tax Map No. 017.-03-12.0, consisting of 5.20 acres from RA-100 Residential Agricultural District to PDD Planned Development District and Maider Road - Tax Map No. 016.-01-03.1, consisting of 7.35 acres from I-2 Industrial 2 District to PDD Planned Development District. Motion was seconded by Councilor Edick.
Ayes-7 and Noes-0. Unanimously carried.
Bid Advertisement - GPS Cellular Tracking System for Vehicles Owned by the Town of Clay:
Councilor Bick moved the adoption of a resolution authorizing the advertisement of bids for GPS Cellular Tracking System for Vehicles Owned by the Town of Clay, Said Bids to be received until July 19th, 2010, at 11:00 A.M., local time. Motion was seconded by Councilor Johnson.
Ayes-7 and Noes-0. Unanimously carried.
Adjournment:
The meeting was adjourned at 9:40 P.M. upon motion by Councilor Bray and seconded by Councilor Bick. Ayes-7 and Noes-0. Unanimously carried.
