September 3, 2008

At the Regular Meeting of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the 3rd of September, 2008 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
Joseph A. Bick             Councilor
Vivian I. Mason            Town Clerk
Mark Territo                 Commissioner of Planning and Development
David Balcer                 Town Planner
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 August 18, 2008. Motion was seconded by Councilor Bick.

Ayes-7 and Noes-0. Unanimously carried.

Cancellations and/or requested adjournments:

None previously requested.

Correspondence/Other Business:

None.

Zone change (PH&ADJ) - Town Board Case #960 - RICHARD J. ALT, DONALD W. ALT and MARILYN A. ALT; and

Zone change (PH&ADJ) - Town Board Case #959 - JOHN E. DAVIS and DAVIS VENTURES, LLC:

A public hearing to consider the application of RICHARD J. ALT, DONALD W. ALT and MARILYN A. ALT, for a change of zone from RA-100 Residential/ Agricultural District to HC-1, Highway Commercial District on property located at 5236 State Route 31 and Vacant Land on State Route 31, Tax Map No. 064.-01-10 and part of Tax Map 064.-01-12.4; and

a public hearing to consider the application of JOHN E. DAVIS and DAVIS VENTURES, LLC for a change of zone from RA-100 Residential/Agricultural District to HC-1 Highway Commercial District on part of property located at 5064, 5154, and 5170 State Route 31, part of Tax Map Nos. 064.-01-06.1, 064.-01-09.1, 064.-01-09.2 were opened by the Supervisor. (Adjourned to this date and time at the July
21st, 2008 Town Board Meeting.) 

Hal Romans, Surveyor, representing the applicant, said they are waiting for a response from the New York State Department of Transportation. They have had a meeting with the NYSDOT, who have provided general comments, but will provide nothing further without a letter from the Town Supervisor. The Supervisor has sent a letter and a response should be forthcoming in two weeks.

Supervisor Rowley suggested that the cases be adjourned until a reply is received from the New York State Department of Transportation.

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

Councilor Bray moved the adoption of a resolution adjourning the public hearing to consider the application of RICHARD J. ALT, DONALD W. ALT and MARILYN A. ALT, for a change of zone from RA-100 Residential/ Agricultural District to HC-1, Highway Commercial District on property located at 5236 State Route 31 and Vacant Land on State Route 31, Tax Map No. 064.-01-10 and part of Tax Map 064.-01-12.4 to October 6, 2008 to commence at 7:35 P.M. local time. Motion was seconded by Councilor Bick.

Ayes-7 and Noes-0. Unanimously carried.

Councilor Bray moved the adoption of a resolution adjourning the public hearing to consider the application of JOHN E. DAVIS and DAVIS VENTURES, LLC for a change of zone from RA-100 Residential/Agricultural District to HC-1 Highway Commercial District on part of property located at 5064, 5154, and 5170 State Route 31, part of Tax Map Nos. 064.-01-06.1, 064.-01-09.1, 064.-01-09.2 to October 6,
2008 to commence at 7:38 P.M. local time. Motion was seconded by Councilor Ulatowski.

Ayes-7 and Noes-0. Unanimously carried.

Project/Covenant - PETER CERAVOLO:

A public hearing to consider the application of PETER S. CERAVOLO, to amend the Restrictive Covenants on property located at 7293 Buckley Road, to allow the existing square footage of space on the first and second floors of said building (11,666 square feet) to be used for any of the permitted uses as provided in the present O-2 Office District was opened by the Supervisor. Proof of publication and posting was furnished by the Town Clerk.

Attorney Robert Ventre explained that Dr. Ceravolo built a facility on Buckley Road and the practice has grown, as the commercial area around his facility has also grown.  The footprint of his building is 8,000 square feet and has residential character. There is a loft (second story) above the ground floor, which is used for storage and a small conference room; 11,666 square feet of it is not used. They would like to lease out this area to professionals. Seventy-two parking spaces are required, they have one-hundred and one. If the second story is used, they may need an elevator. They are asking for relief from the covenant so that they can utilize the second story.

Councilor Ulatowski said he didn’t see the 100 parking spaces on the ariel map and Attorney Ventre said the site plan was more explicit and spaces may be there but not always shown.

Councilor Edick noted that there had been a drainage problem with this site, and Douglas Wickman, the engineer for the Town explained that when there is enough rain there will be some water that accumulates at the rear of the lot.

Councilor Bray voiced some concern regarding a future turn over in occupants that may require more parking.

Councilor Edick asked if the drainage issues have been resolved and Dr. Ceravolo said they had been.

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.

Special Permit (drive-thru) (PH&ADJ) - Town Board Case #989 - HDL
PROPERTY GROUP, LLC and 

Special Permit (building size) (PH&ADJ) - Town Board Case #990 - HDL
PROPERTY GROUP, LLC:

A public hearing to consider the application of HDL PROPERTY GROUP, LLC for a SPECIAL PERMIT For A Drive-Thru Service for a proposed Walgreen Pharmacy on part of the northwest corner of property located at 7256 Buckley Road, (part of Tax Map No. 112.-07-16.1); and 

A public hearing to consider the application of HDL PROPERTY GROUP, LLC for a SPECIAL PERMIT to Allow a Retail Building Greater Than 5,000 Sq. Ft., in an NC-1 Neighborhood Commercial District on part of the northwest corner of property located at 7256 Buckley Road, (part of Tax Map No. 112.-07-16.1) were opened by the Supervisor. (Adjourned to this date and time at the August 18th, 2008 Town Board Meeting.) 

Hal Romans, surveyor and representative of the applicant stated that the property is located on the northwest corner of Taft Road and Buckley Road. The property consists of four parcels, which they are going to change into two parcels. The Planning Board asked for and updated traffic study which they did in July 2008. The Onondaga County Department of Transportation also received one, and they had a few comments. The Planning Board gave a positive referral and see no issues that cannot be dealt with. Mr. Romans further explained the access points and traffic pattern and gave a general overview of the site plan. He said it would be a masonry, nicely built building and the drive-thru will be low traffic generation.

Councilor Edick questioned whether the traffic should be able to go straight across the back of the property rather than curve and go around a jut. Mr. Romans said they don’t want it to become a cut through.

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.

Local Law No. 7 - Supplementary Regulations (signs):

Councilor Bray moved the adoption of a resolution calling a public hearing September 15th, 2008, commencing at 7:35 P.M., local time, to consider proposed “LOCAL LAW NO. 7 OF THE YEAR 2008, Amending CHAPTER 230, entitled ‘ZONING’, ARTICLE IV, SUPPLEMENTARY REGULATIONS, § 230-22 Signs, Subdivision B. Definitions by adding GRAND OPENING SIGN after FREESTANDING SIGN and § 230-22C. Sign Standards and Requirements, Subparagraph (3)(f)[2] Short duration temporary signs, by adding a category for Grand Opening Sign; and remove all ‘MIN ltr height’ rows from Table A – Major signs in the Code of the Town of Clay. Motion was seconded by Councilor Rycraft.

Ayes-7 and Noes-0. Unanimously carried. 

Local Law No. 8 - Fees (Building Construction Fees):

Councilor Rycraft moved the adoption of a resolution calling a public hearing September 15th, 2008, commencing at 7:38 P.M., local time, to consider proposed “LOCAL LAW NO. 8 OF THE YEAR 2008 Amending CHAPTER 105 entitled ‘FEES’, § 105.4 A. Fees derived from Code Sections, Chapter 81, Building Construction and § 105.4 B. Additional Fees, subparagraphs (2) and (3) by amending, increasing and adding fees to the Code of the Town of Clay. Motion was seconded by Councilor Weaver.

Ayes-7 and Noes-0. Unanimously carried. 

Securities/Project - LOWES NYS ROUTE 31 PROJECT:

Councilor Edick moved the adoption of a resolution authorizing the release of the Citizens Bank Letter of Credit Number S9044963, guaranteeing that the public infrastructure would be constructed thus allowing COR to file their Final Plat regarding the LOWES NYS ROUTE 31 PROJECT in the amount of $600,000.00 to the developer CLAY SOUTH DEVELOPMENT COMPANY, LLC, pursuant to the written confirmation (via email) from the Town Engineers, C & S Engineers, Inc.,
Ronald F. DeTota II, P.E., this letter of credit is no longer necessary. Motion was seconded by Councilor Weaver.

Ayes-7 and Noes-0. Unanimously carried. 

Personnel/Retirement - Commissioner of Public Safety, Owen P. Honors:

Councilor Rowley moved the adoption of a resolution acknowledging on behalf of the Town Board and the community the many years of faithful service to the Town of Clay by Commissioner Honors and offer our best wishes to him in his retirement. Motion was seconded by Councilor Edick.

Ayes-7 and Noes-0. Unanimously carried. 

Supervisor Rowley read the following:

At a Regular Meeting of the Town Board of the Town of Clay, held on
the 3rd day of September 2008, the following resolution was duly adopted:

WHEREAS, the Town of Clay desires to convey to Commissioner Owen
P. Honors an expression of its appreciation and grateful acknowledgment for the valued services rendered by him as Commissioner of Public Safety of the Town of Clay for the past thirty years; and

WHEREAS, Commissioner Honors Served honorably in the U.S. Marine
Corps for three years, New York State Police for twenty years, held membership in the following organizations: Central New York Chiefs of Police, New York State Troopers Association, American Legion, Marine Corps League, Korean War Veterans of America; and

WHEREAS, Commissioner Honors has given generously of his time and
efforts in a dignified, faithful and professional manner in his nearly fifty-one years of law enforcement; and

WHEREAS, the Town of Clay sincerely appreciates the worthwhile
contributions Commissioner Honors has made towards the communal
welfare, safety and quality of life in the Town of Clay; and

WHEREAS, on the occasion of Commissioner Honors many years of
service he is retiring to start the next challenging and exciting chapter of his life;

NOW, THEREFORE, BE IT RESOLVED that the Town Board, on
behalf of themselves and the community, publicly acknowledge their thanks and appreciation to Commissioner Owen P. Honors for his many years of
faithful service to the Town of Clay and offers their best wishes to him in his
retirement.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the Town of Clay to be affixed at the Town Hall this 3rd day
of September, in the year of our Lord, Two Thousand Eight.

James J. Rowley, Supervisor

Authorization - NATIONAL INCIDENT MANAGEMENT SYSTEM (“NIMS”):

Councilor Bick moved the adoption of a resolution hereby approving and authorizing that the Town of Clay implement the NATIONAL INCIDENT MANAGEMENT SYSTEM (“NIMS”) as the management system for the preparation, prevention and response and recovery from domestic incidents in the Town of Clay and further that by adopting the National Incident Management System, the Town of Clay expects Town Leadership, Department Head and all other local municipal officials and any other participating agencies that have involvement in preparation, prevention, response and recovery from domestic incidents in the Town of Clay, actively participate in training and exercising the National Incident Management System. Motion was seconded by Councilor Edick.

Town Attorney Robert Germain explained that they will keep statistics on domestic crime, which may be a help in the future. There will be a sharing of data bases.

Ayes-7 and Noes-0. Unanimously carried. 

Assessment & Taxation/Certiorari - ONONDAGA COUNTY INDUSTRIAL AGENCY, BAR ADVERTISING CO.:

Councilor Ulatowski moved the adoption of a resolution approving the settlement of thecertiorari action ONONDAGA COUNTY INDUSTRIAL AGENCY, BAR ADVERTISING CO. #2 (BAR control Group No. 2, L.L.C.) vs. TOWN OF CLAY, et al, Index No. 2007-4637 reducing the 2007 assessment from $1,707,647.00 to $1,335,000.00 and further authorizing the Town Attorney to execute the Stipulation of Settlement and Order and any other documents that may be necessary. The approximate payback is being calculated. Motion was seconded by Councilor Weaver.

Ayes-7 and Noes-0. Unanimously carried. 

Adjournment:

The meeting was adjourned at 8:30 P.M. upon motion by Councilor Bray and seconded by Supervisor Rowley. Ayes-7 and Noes-0. Unanimously carried.


Archived Minutes