Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
* approved
At the REGULAR MEETING of the Town Board, Town of Clay, Onondaga County, held at the Town Hall, Clay, New York on the May 6, 2024 at 7:30 P.M., there were:
PRESENT:
Damian Ulatowski Supervisor David Hess Councilor Eugene Young_ Councilor Ryan Pleskach Councilor
Deborah Magaro-Dolan Councilor Jill Hageman-Clark Town Clerk
Mark V. Territo Commissioner of Planning and Development Robert Germain Town Attorney Ron DeTota Town Engineer
ABSENT:
Luella Miller Councilor Joseph A. Bick Deputy Supervisor/Councilor OTHERS PRESENT:
Russ Mitchell, Planning Board Chairman; Hal Henty, Planning Board Member and Rob Bick, Town Assessor.
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 Hess made a motion to approve the minutes of the April 15, 2024 Regular
Town Board meeting. Motion was seconded by Councilor Magaro-Dolan.
Ayes — 5 and Noes — 0. Motion carried.
Cancellation and/or requested adjournments.
See below.
Correspondence:
Announce retirement May 1, 2024.
Nancy Polchlopek of Maider Road asked about the conceptual solar application for near Three Rivers. She continued that this is not a good spot for this. The board is
REGULAR MEETING OF THE TOWN BOARD - May 6, 2024 Town of Clay
not aware of any plans for a solar farm at this time and explained so. She continued that someone from Plumley Engineering was surveying the area. Supervisor Ulatowski said that there are currently no plans to his knowledge, however, if an application was submitted, the Planning Department would notify all residents within 200’ of the site.
REGULAR MEETING:
Special Permit (PH) Town Board Case #1201 - TULLYS GOOD TIMES:
(ADJOURNED FROM THE 3/18/24 & 04/01/24 TB MEETING) *APPLICANT
Councilor Hess made a motion to sifeaeh fie public finaving to June 3, 2024 at 7:35
PM. Motion was seconded by Councilor Magaro-Dolan.
Ayes — 5 and Noes — 0. Motion carried.
SPECIAL PERMIT (PH/Adj.) Town Board Case #1196 - GOGUEN DRIVE REALTY, LLC:
(ADJOURNED FROM THE SUIS 3/04/24, voltae TB MEETING) *** APPLICANT REQ E ADJ!
7:38 P.M.*** Councilor Hess niadle a a motion to adjourn the public sasiering to June 3, 2024 at 7:38 PM. Motion was seconded by Councilor Magaro-Dolan.
Ayes — 5 and Noes — 0. Motion carried.
Special Permit (PH) - Town Board Case #1204 - BREW TEAM NY, LLC.
(Coffee shop drive-thru service):
A public hearing to consider the application of BREW TEAM NY, LLC., for a Special Permit pursuant to Section 230-16 B.(2)(e)[2] Uses Allowed — Restaurant and Section 230-16 B.(2)(e)[7] Drive-Thru, on land located at 3906 & 3908 Brewerton Road, Tax Map Nos. 118.-01-07.1 & 118.-01-17.1, to allow for a Drive-Thru Coffee
Shop, was opened by the Supervisor; proof of publication and posting was furnished by the Town Clerk.
Larry Alder was present and began by explaining that they are proposing a coffee house in the old Salvation Army building on Brewerton Road.
Mr. Alder explained that they will utilize the existing building, removing 40’ of the extension. The large parcel to the south will remain and the applicant is proposing to 2
REGULAR MEETING OF THE TOWN BOARD - May 6, 2024 Town of Clay
use the remaining 510 square’ for the kiosk type building. There will be no indoor business and no food will be prepared on premises for retail purchase. They will serve espresso-based coffees, lattes and energy drinks as well as pre-packaged muffins. The hours of operation will be 6:00 AM to 10:00 PM.
Mr. Alder explained that they are proposing a two-lane drive thru with stacking for 24 cars and parking for 20 employees. A traffic study suggested that 40 cars pass at peak hours, and they estimate 16 cars will enter at peak. He added that this is a pass by rather than a destination trip.
Councilor Magaro-Dolan asked if this was a local business. Mr. Alder explained that the company is currently operating in Vestal, NY.
Supervisor Ulatowski said that he would refer this to the Planning Board for review
and recommendation. Councilor Hess made a motion to adjourn the public hearing
to June 3, 2024 at 7:41 PM. Motion was seconded by Councilor Pleskach.
Ayes —5 and Noes — 0. Motion carried.
BID Advertisement — Town of Clay’s Custodial Contract:
Councilor Hess moved the adoption of a resolution authorizing the Supervisor to bid
the Town of Clay’s Custodial Contract with Onondaga County Division of
Purchase. Contract expires June 30, 2024. Motion was seconded by Councilor Pleskach.
Ayes — 5 and Noes — 0. Motion carried.
Traffic & Vehicles/STOP Signs (PH) - Dell Center Drive and Hallston Drive: A public hearing to consider the amendment of CHAPTER 211, entitled TRAFFIC AND VEHICLES ORDINANCE of the Code of the Town of Clay, SECTION 211- 12 “STOP INTERSECTIONS,” SCHEDULE IX (§211-42), of the Town of Clay Municipal Code to designate and provide for three (3) stop signs to be installed at the intersection of Dell Center Drive at Hallston Drive, to make a three-way stop; and the installation of the necessary signs therefore, was opened by the Supervisor; proof of publication and posting was furnished by the Town Clerk.
Supervisor Ulatowski opened the hearing; many residents were present in support of this request. Terry Sanford explained that this is an active neighborhood that currently has no signs. She continued that vehicles speed through and hopes that proper signage will help to curb this. Many other residents spoke on behalf of this
REGULAR MEETING OF THE TOWN BOARD - May 6, 2024 Town of Clay
citing reasons as speeding vehicles, increased traffic due to test drives from the two auto dealerships and angered drivers looking for an outlet to VerPlank Road. Board members were unaware that there are no signs in this new development.
All questions and comments having been heard; Supervisor Ulatowski closed the public hearing. He added that the Town Board would vote on this now.
Traffic & Vehicles/STOP Signs (CPH) - Dell Center Drive and Hallston
Drive:
Councilor Magaro-Dolan moved the adoption of a resolution approving amendment
of CHAPTER 211, entitled TRAFFIC AND VEHICLES ORDINANCE of the Code of the Town of Clay, SECTION 211-12 “STOP INTERSECTIONS,” SCHEDULE IX (§211-42), of the Town of Clay Municipal Code to designate and provide for three (3) stop signs to be installed at the intersection of Dell Center Drive at Hallston Drive, to make a three-way stop; as well as NO OUTLET and SPEED LIMIT signs therefore. Motion was seconded by Councilor Hess.
Ayes — 5 and Noes — 0. Motion carried.
GRANT APPLICATION (PH) — Restore NY:
Public hearing to solicit public comment on the Town of Clay’s Restore NY Round 8 grant application for the 2023 program year. The Restore NY program is administered by Empire State Development Corporation. The hearing will provide further information about the Restore NY grant program and will allow for citizen participation in the development of the proposed grant application.
The Town of Clay will submit an application for funding to the Empire State Development Corporation’s Restore NY Communities Initiative program. If awarded, up to $3 million in Restore NY funds will go toward the redevelopment of the former Great Northern Mall property. The proposed project consists of the demolition of the vacant Great Northern Mall site and the construction of the initial 234,968 square feet of the new mixed-use building. This project will add an estimated 164 housing units and 43,372 square feet of commercial space and represents Phase 1 of a larger, transformational project.
The project site is owned by Conifer Realty, LLC and Hart Lyman Companies. The property is + 121.04 acres in size. The following property will be submitted for consideration: Tax Map Numbers, Section: 028. Block: 01, Lot: 40.4 / 4155 NY- 31, Clay, NY 13041, was opened by the Supervisor; proof of publication and posting was furnished by the Town Clerk.
REGULAR MEETING OF THE TOWN BOARD - May 6, 2024 Town of Clay Supervisor Ulatowski explained that they are seeking applications from municipalities seeking improvements for their communities. He continued that this Grant opportunity has come at a good time and if awarded this will help with the redevelopment of the Great Northern Mall. There being no questions or comments; he closed the public hearing.
Zone Change (CPH) - Town Board Case # 1205 - Laurel Springs Zone Change:
Councilor Magaro-Dolan moved the adoption of a resolution calling a public hearing
on May 20, 2024, commencing at 7:38 P.M., local time, to consider the application of LAUREL SPRINGS ZONE CHANGE for a Zone Change from HC-1 Highway Commercial District to R-SR Senior Residential District to allow for Senior Housing on land located at W. Taft Road, Tax Map No. 107.-18-12.0 consisting of + 4.74 acres of land. Motion was seconded by Councilor Young.
Ayes —5 and Noes — 0. Motion carried.
Zone Change (CPH) —- Town Board Case # 1206 — TRAIN HARD FITNESS I, LLC:
Councilor Hess moved the adoption of a resolution calling a public hearing on May
20, 2024, commencing at 7:41 P.M., local time, to consider the application of TRAIN HARD FITNESS I, LLC., for a Zone Change from NC-1 Neighborhood Commercial District to R-7.5 One-Family Residential District to allow for creation of a residential lot on land located at 8180 Oswego Road, Tax Map No. 067.-01-03.1 consisting of + .29 acres of land. Motion was seconded by Councilor Magaro-Dolan.
Ayes — 5 and Noes — 0. Motion carried.
GREAT NORTHERN MALL PRELIMINARY PDD CONCEPT PLAN (findings from the Town of Clay Planning Board)
Councilor Pleskach moved the adoption of a resolution that the Town of Clay Town
Board refer the proposed GREAT NORTHERN MALL PRELIMINARY PDD CONCEPT PLAN as submitted on a map dated March 12, 2024, to the Town of Clay Planning Board.
WHEREAS, a Concept Plan was received for a Preliminary Planned Development
District (PDD) to be known as the Great Northern Mall Redevelopment PDD, located on the north side of New York State Route 31 (NY81), bounded by Morgan Road to the east, New York State Route 481 (NY481) to the west and VerPlank Road to the
north and encompasses the following Tax Map Parcels; 028.-01-43.0, 028.-01-40.4, 5
REGULAR MEETING OF THE TOWN BOARD - May 6, 2024 Town of Clay 028.-01-47.0, 028.-01-40.5, 028.-01-40.3, 028.-01-13.4, 028.-01-14.0, 028.-01-13.1, 028.-01-13.3, 028.-01-13.2, 028.-01-16.0, 028.-01-17.0, 028.-01-18.0, 028.-01-19.0, 028.-01-20.0, 028.-01-21.0, 028.-01-22.0, 028.-01-23.0, 028.-01-24, 028.-01-25.0, 028.- 01-26.0, 028.-01-27.0, 028.-01-28.0, 028.-01-29.0. The Concept Plan consists of approximately 213.09 acres and is comprised of approximately 1,636, three to six story apartment units, approximately 7,000 square feet of residential support space, approximately seven, six story hotel buildings with 875 total rooms; approximately 605,850 square feet of medical office; an approximately 150,000 square feet Ambulatory Care Facility; approximately 67,890 square feet of Recreational/Entertainment space; approximately 30,000 square feet of community center and approximately 450,141 square feet of retail, restaurant, service and commercial space.
NOW, THEREFORE, BE IT RESOLVED that the said application be and the
same hereby is referred to the Town Planning Board of the Town of Clay for its review and comment pursuant to the Town of Clay Zoning code, and for its review and recommendation as to the possible environmental significance of the project pursuant to the New York State Environmental Quality Review Act. Motion was seconded by Councilor Hess.
Ayes — 5 and Noes — 0. Motion carried.
ARPA FUNDS Transfer (A):
Councilor Magaro-Dolan moved the adoption of a resolution authorizing the
Supervisor to transfer American Rescue Plan Act (ARPA) funding in the amount of $17,645.16 to the General Capital Fund for the Senior Center Siding Replacement Project and transfer funding in the amount of $297,903.72 to the General Capital Fund for the Black Brant Flooding and Drain Repair Project and transfer funding in the amount of $192,000.00 to the General Capital Fund for the Town Hall Chiller Installation Project. Motion was seconded by Councilor Pleskach.
Ayes- 5 and Noes — 0. Motion carried.
PDD/CONCEPT PLAN (NYCRR Part 617) - GREAT NORTHERN MALL:
Councilor Pleskach moved the adoption of a resolution pursuant to provisions of 6
NYCRR Part 617 that the application of a Planned Development District (PDD) to be known as GREAT NORTHERN MALL, located at 4155 NY-31, Tax Map No. 028.-01-40.4., as a Type I Action for the purpose of SEQRA. The project has a completed Environmental Assessment Form (EAF) on record with the Town Planning Department.
REGULAR MEETING OF THE TOWN BOARD - May 6, 2024 Town of Clay The proposed Concept Plan consists of approximately 213.09 acres and is comprised of approximately 1,636, three to six story apartment units, approximately 7,000 square feet of residential support space, approximately seven , six story hotel buildings with 875 total rooms; approximately 605,850 square feet of medical office; an approximately 150,000 square feet Ambulatory Care Facility; approximately 67,890 square feet of Recreational/Entertainment space; approximately 30,000 square feet of community center and approximately 450,141 square feet of retail, restaurant, service and commercial space.
The Town of Clay (Town Board/Planning Board) intends to serve as Lead Agency for the purpose of SEQRA compliance and in this capacity will determine if the proposed action will have a significant effect upon the environment. The Lead Agency will undertake a coordinated review of the application and will circulate a Lead Agency Notice to all Involved and Interested agencies and they will be give thirty (30) days from the date of mailing to challenge the Lead Agency designation. The proposed project does not involve any other permit granting agency outside of the Town of Clay. We hereby designate the Town of Clay Town Board as the “Lead Agency” for the purpose of SEQRA. Motion was seconded by Councilor Magaro- Dolan.
Ayes — 5 and Noes — 0. Motion carried.
Contract/Agreement (A) - LABOR AGREEMENT BETWEEN THE TEAMSTERS LOCAL UNION 317 and TOWN OF CLAY CLERICAL and
OFFICE EMPLOYEES:
Councilor Hess moved the adoption of a resolution approving the LABOR
AGREEMENT BETWEEN THE TEAMSTERS LOCAL UNION 317 and TOWN OF CLAY CLERICAL and OFFICE EMPLOYEES for the term commencing January 1, 2024 to December 31, 2026 and authorizing the Supervisor to execute the same. Motion was seconded by Councilor Magaro-Dolan.
Ayes — 5 and Noes — 0. Motion carried.
Appointment —- TOWN of CLAY PLANNING BOARD MEMBER:
Councilor Hess moved the adoption of a resolution appointing Karen Guinup as
Member of the Town of Clay Planning Board effective May 6, 2024. Said term to expire December 31, 2030. Motion was seconded by Councilor Magaro-Dolan.
Ayes —5 and Noes — 0. Motion carried.
REGULAR MEETING OF THE TOWN BOARD - May 6, 2024 Town of Clay
WHEREAS, the Clay Town Board (hereafter “Town Board”), after due
consideration, has determined that it is desirable and in the public interest to submit an application to Empire State Development for a Restore NY Communities Initiative Program grant; and
WHEREAS the proposed project is in accordance with Town, County, and
regional planning objectives; and
WHEREAS the proposed financing is appropriate for the specific project; and
WHEREAS the proposed project facilitates effective and efficient use of
existing and future public resources so as to promote both economic development and preservation of community resources; and
WHEREAS, where applicable, the project seeks to attract, create, and sustain
employment opportunities; and
WHEREAS the Town Board hereby authorizes and directs the Town
Supervisor to submit an application for financial assistance under the Restore NY Communities Initiative Program; and
WHEREAS a public hearing is required pursuant to the Restore NY Grant;
and
WHEREAS, the Town Board has considered proposals that qualify for
funding under the program and selected one project to be included in an application that will be submitted to Empire State Development Corporation (ESDC) as follows: Great Northern Mall Redevelopment Project - The project will assist with the demolition of the vacant Great Northern Mall site and construction of the initial 234,968 square feet of the new mixed-use building. (Tax Map Numbers, Section: 028. Block: 01, Lot: 40.4 / 4155 NY-31, Clay, NY 13041). This redevelopment will include the creation of an estimated 164 housing units and 43,372 square feet of commercial space and will represent Phase 1 of a much larger transformational project that, in future phases, will transform the former mall property into a housing, retail, and medical hub serving the residents of the Town of Clay.
WHEREAS, the proposed project is consistent with all existing local plans,
the proposed financing is appropriate for the project, the project will facilitate effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources and the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create and sustain employment opportunities in the Town of Clay.
NOW THEREFORE BE IT RESOLVED that the Town Board hereby
supports and will sponsor an application for Restore NY funding for the Great Northern Mall Redevelopment Project located at the former Great Northern Mall property (Tax Map Numbers, Section: Section: 028. Block: 01, Lot: 40.4 / 4155 NY-31, Clay, NY 13041) and will administer the grant in accordance with all applicable rules and regulations established by ESDC, and
REGULAR MEETING OF THE TOWN BOARD - May 6, 2024 Town of Clay
BE IT FURTHER RESOLVED that the Town Supervisor hereby is authorized to execute and file an application on behalf of the Town of Clay with ESDC for a Restore NY grant on behalf of the Town; and
BE IT FURTHER RESOLVED that the Town Supervisor is hereby authorized and designated as the representative and to act as such in connection with the application to provide additional information as may be required including all understandings and assurances contained in the application; and
BE IT FURTHER RESOLVED that the Town Supervisor is hereby authorized and directed to execute any contract and/or agreement with ESDC in connection with the Application and his designee is further authorized to request and expend funds from New York State to said contract and/or agreement; and
BE IT FURTHER RESOLVED, to the extent all or any actions hereby authorized have been executed and/or performed by the Town Supervisor all are hereby ratified and confirmed and this Resolution take effect immediately. On a motion by Councilor Magaro-Dolan seconded by Councilor Pleskach, the foregoing Resolution was adopted on a vote of 5 Ayes, 0 Nays and 2 Absents. The Town Supervisor declared the Resolution adopted.
The meeting was adjourned at 8:21 P.M. upon motion by Councilor Young and seconded by Councilor Magaro-Dolan.
Ayes — 5 and Noes — 0. Motion carried.
is eee RMC / Town Clerk