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Clay, New York · Wednesday, September 2, 2026· Sep 2, 2026
📐 Planning Board

Planning Board

2020-01-29 · 2426 words
People
Russ Mitchell (Planning Board Chairman (predecessor to Borton)) Hal Henty (Planning Board Member) Karen Guinup (Planning Board Deputy Chair) Michelle Borton (Commissioner of Planning & Development; Planning Board Chair) Ron DeTota (Town Attorney) Jim Palumbo (Planning Board Member) Robert Germain (Town Clerk)

Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.

Contents · 11 sections
  1. Case # 2019-048 —Dazzling Smiles located at 8195 Oswego Road for Site Plan.
  2. Case #2017-031 — Widewaters Farrell Road II Company, LLC/Widewaters Commons —
  3. Case #2018-003 — Widewaters Farrell Road IT Company, LLC/Widewaters Commons, (3)-
  4. Case #2019-025 — Side Track Enterprises, entryway (3) — 4975 NYS Route 31 —- Amended
  5. Case #2019-029 ~ Nick Avicolli/Avicolli’s (3) — 7839 Oswego Road — Amended Site Plan
  6. Case #2019-032 — Borrego Solar Systems, Inc. (3) -— 8150 Morgan Road —Site Plan
  7. Case #2019-042 (TB 1148) —Chick-fil-A — (5) — 4000 NYS Route 31 — Special Permit Referral
  8. Case #2019-049 —Store Your Stuff Storage Facility — Phase II (3) -8578 Henry Clay
  9. Case #2019-046 (TB #1149) —Wetzel Road Construction Grade Aggregate Recovery Facility
  10. Case #2012-002 — Wildflower, Section 3, Hollyshire Way & Henry Clay Blvd. — Final Plat C
  11. Case #2018-029 - UR-ban Villages (5) - PDD Concept Plan referral, NYS Route 31 adjacent to

Regular Meeting Planning Board January 29, 2020

APPROVED

The Organizational and Regular Meeting of the Planning Board of the Town of Clay, County of Onondaga held at Town Hall located at 4401 State Route 31, Clay, New York on the 29" day of January 2020 The meeting called to order by Chairman Mitchell at 7:30 PM. All joined in the pledge of allegiance and upon roll being called, the following were:

PRESENT: Russ Mitchell Chairman

Karen Guinup Deputy Chair

Hal Henty Member

Michelle Borton Member

James Palumbo Member

Scott Soyster Member

Ron DeTota C&S Engineers

Robert Germain Attorney

Gloria Wetmore Planning Board Secretary

ABSENT: — Allen Kovac | Member

Mark Territo Commissioner of Planning & Development

Scott Chatfield Planning Board Attorney

A motion made by Jim Palumbo seconded by Scott Soyster to approve the minutes of the January

8, 2020 meeting.

Motion Carried 6-0

Public Hearings:

New Business:

**7:30 P.M. Case #2019-048 —Dazzling Smiles (3) — 8195 Oswego Road — Site Plan

Russ Mitchell opened the hearing. Jim, Hagan of Hagan Architects PC, presented. Updated Plan with variances and updated parking spaces.

Russ Mitchell asked Mr. Hagan if he saw the County Comments.

The applicant is looking to add a shed to the site as well as an 18 X 44 foot addition, and 16 new parking spaces. That will be 34 spaces when 19 spaces are required.

The applicant went to the ZBA and received variances for setback. 6 foot opaque fence along the residential. They will add 3 more exam rooms to do procedures that cannot be done in the smaller rooms.

Regular Meeting Planning Board January 29, 2020

Karen Guinup asked what the shed will be made of. The shed should be done in Clapboard to match the building.

Michelle Borton asked if the addition will interfere with the water main.

Mr. Hagan said no.

Russ Mitchell asked if there were any more comments or questions, hearing none he closed the hearing and asked for a motion.

A motion made by Scott Soyster seconded by Jim Palumbo using standard form # 10 SEQR for

Case # 2019-048 —Dazzling Smiles located at 8195 Oswego Road for Site Plan.

Plan is an unlisted action and does not involve any Federal Agency. It is further determined the proposed action will not have a significant effect on the environment and the resolution shall constitute a negative declaration for the following reasons: The updates to the site improves the overall functionality with little to no negative impacts to the environment.

Motion Carried 6-0

A motion made by Scott Soyster seconded by Jim Palumbo using standard form #20 Site Plan

Approval for Case # 2019-048 —Dazzling Smiles located at 8195 Oswego Road, granted based on a map by Ianuzi & Romans Land Surveying PC., dated 02/10/2016 and drawings by Hagan Architects dated 11/27/2019 revised 01/29/2020 and numbered 1, 2 & 3. Conditioned upon all

legal and engineering.

Motion Carried 6-0

Old Business:

Case #2017-031 — Widewaters Farrell Road II Company, LLC/Widewaters Commons —

Commercial Development (3) Site Plan —- NYS Route 31 (Adjourned from 28 previous meetings)

A motion made by Michelle Borton seconded by Hal Henty to adjourn this case to the April 8,

2020.

Motion Carried 6-0

Case #2018-003 — Widewaters Farrell Road IT Company, LLC/Widewaters Commons, (3)-
)-

Preliminary Plat~ NYS Route 31 (Adjourned from 22 previous meetings)

A motion made by Karen Guinup seconded by Hal Henty to adjourn this case to the April 8, 2020.

Motion Carried 6-0

Case #2019-025 — Side Track Enterprises, entryway (3) — 4975 NYS Route 31 —- Amended
ded

Site Plan (Adjourned from 4 previous meetings) 2

Regular Meeting Planning Board January 29, 2020

Russ Mitchell opened the hearing; Rudy Zona of RZ Engineering explained the plan. The State DOT requested changes to the plan after it was approved, the applicant didn’t notify this Board of the changes, and they also added a shipping crate as an entrance. Mr. Zona updated the plan to an as built. Updated the landscape plan.

Russ Mitchell thanked Mr. Zona for a job well done. He asked if there were any comments or questions hearing none he asked for a motion.

A motion made by Michelle Borton seconded by Karen Guinup using standard form #10 SEQR

for Case #2019-025 Side Track Enterprises, entryway located at 4975 NYS Route 31 Amended Site Plan is an unlisted action and does not involve any Federal Agency. It is further determined the proposed action will not have a significant effect on the environment and the resolution shall constitute a negative declaration for the following reasons:The proposed action supports a positive redevelopment of an existing hamlet parcel. Enhancing community character while not significantly impacting traffic or activities of the surrounding area,

Motion Carried 6-0

A motion made by Michelle Borton seconded by Karen Guinup using standard form # 20

Amended Site Plan Approval for Case #2019-025 Side Track Enterprises, entryway located at 4975 NYS Route 31, based on a map by RZ, Engineering PLLC dated 01/15/2020 C1A,

Dated 01/10/2020 and numbered C-100, C-101, C-102, & C-103. Letter and attachment dated 10/05/2019 by DiBartoloneo Engineering, PC dated 12/21/2017 revised 02/02/2018 numbered C- 1, C-2 C-3, C-4. Conditioned upon all legal and engineering.

Motion Carried 6-0

Case #2019-029 ~ Nick Avicolli/Avicolli’s (3) — 7839 Oswego Road — Amended Site Plan
lan

(Adjourned from 2 previous meetings)

A motion made by Hal Henty seconded by Scott Soyster to adjourn this case to the March 25, 2020.

Motion Carried 6-0

Case #2019-032 — Borrego Solar Systems, Inc. (3) -— 8150 Morgan Road —Site Plan
an

(Adjourned from 2 previous meetings)

A motion made by Hal Henty seconded by Jim Palumbo to adjourn this case to the 2/26/2020

meeting.

Motion Carried 6-0

Regular Meeting Planning Board January 29, 2020

Case #2019-042 (TB 1148) —Chick-fil-A — (5) — 4000 NYS Route 31 — Special Permit Referral
l

(Adjourned from 2 previous meetings)

Russ Mitchell opened the hearing, Timothy Freitag PE of Bohler Engineering; Clint Maxim and Amy Dade were present. Mr. Freitag explained the plan.

The plan is to demo the existing UNO s building; they have re drawn the plan to include the comments from the Town Board. The building is located in front of Raymour and Flanigan, next to Smokey Bones, It will be a 5000 square foot building with a drive thru. Stacking 22 cars double order lane and single pick up window.

562 parking spaces required 600 plus proposed, ADA accessible side walk between the restaurants, Relocated the dumpster, updated the drive isles as well as parking space size to meet the Town Code.

Russ Mitchell great job on the new plan, he had reservations on the stacking and cars returning to route 31, before the updated plan.

Hal Henty great job

Michelle Borton likes the layout

Jim Palumbo commented that he has gone to Chick-Fil-A in different towns, in the summer you have people taking orders at the car windows, this really streamlines the wait. Will that happen at this location. They said it would.

Scott Soyster This is one of the best plans he has seen.

Russ Mitchell asked if there were any more comments or questions, hearing none he closed the hearing.

Karen Guinup — Abstained (The applicant still needs a variance. The Town Board hasn’t even seen this new plan; we are putting the cart before the horse).

A motion made by Michelle Borton seconded by Hal Henty using standard form # 60 Special

Permit Recommendation to the Town Board forCase # 2019-042 (TB 1148) —Chick-fil-A located at 4000 NYS Route 31(temporary traffic/queing plan) be granted for the following reasons: the

applicant has demonstrated that the site can be modified to accommodate the proposed facility and address potential impacts related to traffic, and pedestrian safety to support the overall shopping complex.

Motion Carried 5-0 1 abstention.

Case #2019-049 —Store Your Stuff Storage Facility — Phase II (3) -8578 Henry Clay
ay

Boulevard — Amended Site Plan (Adjourned from | previous meeting)

Russ Mitchell opened the hearing. Joe Dauand, PE, of TDK Engineering presented the plan. Bill and Noreen Ennis were also present. Mr. Durand explained there are nine buildings. Phase 2 consists of four more buildings. The County asked for a drainage report.

Chairman Mitchell complimented the applicants on a very nice facility.

Regular Meeting:

Planning Board January 29, 2020

Michelle Borton Asked about a line on the plan, Mr. Durand explained it is a berm to guide the storm water where it should go.

Russ Mitchell asked if there were any more comments or questions, hearing none he closed the hearing and asked for a motion.

A motion made by Scott Soyster seconded by Jim Palumbo standard form #10 SEQR for Case

#2019-049 Store Your Stuff Storage Facility — Phase II located at 8578 Henry Clay Boulevard is an unlisted action and does not involve any Federal Agency. It is further determined the proposed action will not have a significant effect on the environment and the resolution shall constitute a negative resolution for the following reasons: The addition of storage units to the residential neighbors has been appropriately mitigated.

Motion Carried 6-0

A motion was made by Scott Soyster seconded by Jim Palumbo using standard form # 20 Site

Plan Approval for Case # #2019-049 —Store Your Stuff Storage Facility — Phase II located at 8578 Henry Clay Boulevard based on a map by TDK Engineering dated 01/16/2020 numbered SP-1, PL-1 & CS-1. Conditioned upon all legal and engineering.

Motion Carried 6-0

Closed Hearings

Case #2019-046 (TB #1149) —Wetzel Road Construction Grade Aggregate Recovery Facility

(5) — 4530 Wetzel Road — Special Permit Referral

Peter Loyola and Norman Ward of CLA Site as well as Scott Owens of Barrett Paving were there to present the plan. Mr. Loyola began explaining they only work with clean materials.

There are two non-jurisdictional wetlands, so the will be filled in. He said the machinery has an area for large crushing, and a large mag-belt that grabs metal and separates it for recycling.

Hal Henty asked how large a piece’can the machine handle. Mr. Loyola said it depends on the size of the machine. The sound of the machine is 60 dba’s with the atmosphere, the berms and traffic it will be a low hum. You will not see it from Wetzel Road, and there will be a seventy-five foot buffer around the site. Hal Henty asked if there would be sound fencing. Mr. Owens said the stockpiles are the best sound barrier. Looking at storm water, dust pollutants taken care of by fine mist nozzles to keep the dust at a minimum.

We crush approximately 30,000 tons per year, material testing done periodically, there are many regulations we have to adhere to. We estimate 25 trucks per day; the County DOT is OK with traffic.

The hours of operation are 7AM to 5PM occasionally on the weekend. The crushers will operate 4 to 5 days four times a year.

Russ Mitchell asked to hear from the board members.

5

Regular Meeting Planning Board January 29, 2020 Hal Henty OK for the special permit

Michelle Borton Town Board needs to verify the noise issue

Karen Guinup _ the industrial decibels are 70, you come in at 67 dba’s you just snuck in under the max. You compare this noise to a lawn mower, chain saw and a few others, all these examples do not run for eight or more hours at a time.

Jim PalumboThe problem noise will be the truck traffic. Will the material coming out of the site be ready for use? Will the misting have an effect on the end product?

Scott Soyster please explain the safety and the machines used, ear protection and eye protection must be worn. They. use Bucket loaders and excavators, and the grinders.

Russ Mitchell asked for a roll call vote

Hal Henty- yes Jim Palumbo- yes Michelle Borton- yes Scott Soyster - yes Karen Guinup- no Russ Mitchell- yes

A motion made by Jim Palumbo seconded by Scott Soyster using standard form # 60 Special

Permit Recommendation to the Town Board for Case # 2019-046 (TB #1149) —Wetzel Road Construction Grade Aggregate Recovery Facility located at 4530 Wetzel Road be granted for the following reasons: The proposed operation is within an area that is industrial in nature and the facility will provide much needed practices for recycling pavement materials. Site Plan review process can handle concerns and satisfy challenges.

Motion Carried 5-0

New Business:

Case #2012-002 — Wildflower, Section 3, Hollyshire Way & Henry Clay Blvd. — Final Plat C

Russ Mitchell opened the Case. Dan Barniba explained that years ago 41 building lots were approved. Public facilities are limited, there are no sewers septic is at the County for approval.

Russ Mitchell asked if there were any comments or questions, hearing none he closed the hearing and asked for a motion.

Jim Palumbo made a motion seconded by Scott Soyster to approve the adoption of a resolution

for Case #2012-002 — Wildflower, Section 3, located at Hollyshire Way & Henry Clay Blvd. for Final Plat using standard form # 40 based on a map by Ianuzi and Romans Dated July 26, 2019, conditioned on all legal and engineering.

Motion Carried 6-0

Signs

Allied Sign Company — Trinity Assembly Church — 4398 NYS Route 31

Zoned RA-100, Permit #50,611

Regular Meeting Planning Board January 29, 2020

1 — Freestanding sign - The applicant is proposing one Internal Illuminated freestanding sign, 32 square feet, this is a face change to an existing sign. The proposed sign will meet the code.

A motion made by Hal Henty seconded by Scott Soyster to approve the sign as presented.

Motion Carried 6-0

Sign and Lighting Services — Penske Truck Leasing — 4469 Steelway Blvd. N.

Zoned I-1, Permit #50,613

1 — Freestanding sign - The applicant is proposing one freestanding sign, 38.28 square feet, this is a face change to an existing sign. The proposed sign will meet the code.

A motion made by Russ Mitchell seconded by Hal Henty to approve the freestanding sign only as

presented.

Motion Carried 6-0

Work Session

Case #2018-029 - UR-ban Villages (5) - PDD Concept Plan referral, NYS Route 31 adjacent to
o

Cicero Border (work session) (Adjourned from 14 previous meetings)

A motion made by Karen Guinup seconded by Michelle Borton to adjourn this work session to

the April 8, 2020 meeting.

Motion Carried 6-0

A motion made by Jim Palumbo seconded by Scott Soyster to adjourn the meeting at 9:05 P.M.

Motion Carried 6-0

Respectfully Submitted

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Gloria Wetmore