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2001 Planning Board Minutes (full year)

2001-01-01 · PDF · 112,528 words · collected 2026-08-07 Official copy↗ Archived PDF Plain text Mentions

Typeset from the PDF of the official document — headings, motions and recorded votes are detected automatically, so spacing may differ from the original. The official copy governs.

Town of Clay Regular Planning Board Meeting Date: December 12, 2001 APPROVED The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 12™ of December, 2001.

The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski © Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Scott Chatfield Planning Board Attorney Ron DeTota C & S Engineers David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary Approval of Minutes

Motion was made by James Sharpe, seconded by Bruce Johnson, to approve the minutes

of November 28, 2001 as presented.

Old Business: Adjourned Hearings

01-7-1 Doves Eye Enterprises, Inc. (Ashley Landing) (3) Preliminary Plat — north side of Oak Orchard and westerly of Henry Clay Boulevard

Motion was made by Walter Lepkowski, seconded by Ferdinand Lepinske to adjourn this

hearing until the Planning Board Meeting scheduled for January 23, 2002.

Motion passed unanimously.

01-10-3 Crown Atlantic Co., LLC, Special Use Permit — Recommendation for a Public Utility (150 foot high tower for wireless communications) — west side of Route 57 (Oswego Road), to the north and west of Clay Commons Shopping Plaza.

Town of Clay Regular Planning Board Meeting Date: December 12, 2001 APPROVED The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 12™ of December, 2001.

The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski © Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Scott Chatfield Planning Board Attorney Ron DeTota C & S Engineers David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary Approval of Minutes

Motion was made by James Sharpe, seconded by Bruce Johnson, to approve the minutes

of November 28, 2001 as presented.

Old Business: Adjourned Hearings

01-7-1 Doves Eye Enterprises, Inc. (Ashley Landing) (3) Preliminary Plat — north side of Oak Orchard and westerly of Henry Clay Boulevard

Motion was made by Walter Lepkowski, seconded by Ferdinand Lepinske to adjourn this

hearing until the Planning Board Meeting scheduled for January 23, 2002.

Motion passed unanimously.

01-10-3 Crown Atlantic Co., LLC, Special Use Permit — Recommendation for a Public Utility (150 foot high tower for wireless communications) — west side of Route 57 (Oswego Road), to the north and west of Clay Commons Shopping Plaza.

01-10-4 Crown Atlantic Co., LLC (3) Site Plan (150 foot high tower for wireless communications) — west side of Route 57 (Oswego Road), to the north and west of Clay commons Shopping Plaza.

Motion was made by James Sharpe, seconded by Bruce Johnson to adjourn these two

hearings until the next Planning Board Meeting scheduled for January 9, 2002. Motion passed unanimously.

Town of Clay Regular Planning Board Meeting Date: December 12, 2001 APPROVED

Old Business: Hearings Closed

01-5-1 Tricon Global Restaurants (3) Preliminary Plat — 3877 & 3883 Route 31 01-5-2 Tricon Global Restaurants (3) Site Plan — 3877 & 3883 Route 31

Motion was made by James Keefe, seconded by Karen Guinup to adjourn both of these

hearings until the next Planning Board Meeting scheduled for January 9, 2002. Motion passed unanimously.

01-10-5 David G. Martin and Linda J. Martin, Zone Change Recommendation — R-2 to R-6, 7527 Buckley Road Chairman Kovac asked the Planning Board members to either make a recommendation or have a discussion.

Walter Lepkowski felt that the Planning Board should have some discussion prior to making a recommendation.

01-10-4 Crown Atlantic Co., LLC (3) Site Plan (150 foot high tower for wireless communications) — west side of Route 57 (Oswego Road), to the north and west of Clay commons Shopping Plaza.

Motion was made by James Sharpe, seconded by Bruce Johnson to adjourn these two

hearings until the next Planning Board Meeting scheduled for January 9, 2002. Motion passed unanimously.

Town of Clay Regular Planning Board Meeting Date: December 12, 2001 APPROVED

Old Business: Hearings Closed

01-5-1 Tricon Global Restaurants (3) Preliminary Plat — 3877 & 3883 Route 31 01-5-2 Tricon Global Restaurants (3) Site Plan — 3877 & 3883 Route 31

Motion was made by James Keefe, seconded by Karen Guinup to adjourn both of these

hearings until the next Planning Board Meeting scheduled for January 9, 2002. Motion passed unanimously.

01-10-5 David G. Martin and Linda J. Martin, Zone Change Recommendation — R-2 to R-6, 7527 Buckley Road Chairman Kovac asked the Planning Board members to either make a recommendation or have a discussion.

Walter Lepkowski felt that the Planning Board should have some discussion prior to making a recommendation.

The issue was again raised that should an R-6 zone change be granted and Mr. Martin, sometime in the future, decide to sell the property there could be implications for high intensity usage. It was noted that should future use cause high intensive use, it would be necessary for the prospective applicant to appear before the Planning Board for approval at which time the zone change recommendation could be re-reviewed. Currently, what Mr. Martin is proposing, does not substantiate a high intensive use of the property. It was noted that as an R-2 the structure, should it burn down, be removed, etc., it could be rebuilt without variances, however, as an R-6 variances would be required. Karen raised the question that signage under R-6 was fairly liberal. It was noted that Planning Board approval is not required on signage. Commissioner Tessier indicated that the Town Board raised concerns about the signage as well and Mr. Martin has agreed to sign a covenant limiting his sign to 2” x 3”.

Having heard no further discussion, Chairman Kovac asked if someone would like to make a motion regarding the recommendation that should be made to the Town Board on the proposed zone change.

The issue was again raised that should an R-6 zone change be granted and Mr. Martin, sometime in the future, decide to sell the property there could be implications for high intensity usage. It was noted that should future use cause high intensive use, it would be necessary for the prospective applicant to appear before the Planning Board for approval at which time the zone change recommendation could be re-reviewed. Currently, what Mr. Martin is proposing, does not substantiate a high intensive use of the property. It was noted that as an R-2 the structure, should it burn down, be removed, etc., it could be rebuilt without variances, however, as an R-6 variances would be required. Karen raised the question that signage under R-6 was fairly liberal. It was noted that Planning Board approval is not required on signage. Commissioner Tessier indicated that the Town Board raised concerns about the signage as well and Mr. Martin has agreed to sign a covenant limiting his sign to 2” x 3”.

Having heard no further discussion, Chairman Kovac asked if someone would like to make a motion regarding the recommendation that should be made to the Town Board on the proposed zone change.

Motion was made by Bruce Johnson, seconded by James Keefe to adopt a resolution

using standard form #50 RECOMMENDING to the Town Board that the CHANGE OF ZONE requested by David G. Martin and Linda J. Martin on the parcel located at

7527 Buckley Road from R-2 to R-6 be approved for the following reasons:

1. R-6 zone is designed for situations such as this and that this a proper use of said zone.

2. Traffic implications would be minimal and not have an adverse effect on the highway.

Town of Clay Regular Planning Board Meeting Date: December 12, 2001 APPROVED Chairman Kovac then asked the Planning Board to vote on the above motion.

Vote: Infavor:5 Opposed: 2 Motion was passed, Walter Lepkowski was opposed citing that an R-6 zone change creates a greater non- conforming use of the property and that the current zoning is a lesser non-conforming use by reason of the arterial setback but, furthermore, as an R-2, a new structure could be built on this lot without the need for any variances.

Chairman Kovac was opposed citing the same reasons as Walter Lepkowski as well as if a new structure had to be constructed he believes variances would be required in an R-6 situation but in an R-2 situation they could be avoided and a practical building could be built. He stated that the Planning Board would be inviting variances if a new structure was ever required.

Motion was made by Bruce Johnson, seconded by James Keefe to adopt a resolution

using standard form #50 RECOMMENDING to the Town Board that the CHANGE OF ZONE requested by David G. Martin and Linda J. Martin on the parcel located at

7527 Buckley Road from R-2 to R-6 be approved for the following reasons:

1. R-6 zone is designed for situations such as this and that this a proper use of said zone.

2. Traffic implications would be minimal and not have an adverse effect on the highway.

Town of Clay Regular Planning Board Meeting Date: December 12, 2001 APPROVED Chairman Kovac then asked the Planning Board to vote on the above motion.

Vote: Infavor:5 Opposed: 2 Motion was passed, Walter Lepkowski was opposed citing that an R-6 zone change creates a greater non- conforming use of the property and that the current zoning is a lesser non-conforming use by reason of the arterial setback but, furthermore, as an R-2, a new structure could be built on this lot without the need for any variances.

Chairman Kovac was opposed citing the same reasons as Walter Lepkowski as well as if a new structure had to be constructed he believes variances would be required in an R-6 situation but in an R-2 situation they could be avoided and a practical building could be built. He stated that the Planning Board would be inviting variances if a new structure was ever required.

01-10-6 Natick NY 1992 Realty Corp., and BJ’s Wholesale Club, Inc. — Zone Change Recommendation, C-5 to C-4, in the BJ’s Wholesale Club parking lot at Great Northern Mall, 4145 Route 31 James Keefe indicated that he felt that the proposed usage is appropriate in this location and that space is adequate and no additional traffic will be generated due to this usage. It was noted that the Planning Board is looking at this as an individual situation and no precedent is being set for future proposals.

Motion was made by James Keefe, seconded by Ferdinand Lepinske recommending the

Town Board approve the Zone Change Recommendation from C-5 to C-4 as proposed. Motion passed unanimously.

New Business:

01-12- Summerset Homes — Cedar Hollow, Amended Final Plat ~ Lots 22, 23, 28, 29 and 33 Mr. Romans was present for the applicant, however, this hearing will be rescheduled to the Planning Board Meeting of January 9, 2002 and will include all lots and will be presented as such.

Signs:

Tricon Global Rstaurants — KFC and A&W

Motion was made by James Keefe, seconded by Karen Guinup to adjourn this until the

Planning Board meeting scheduled for January 9, 2002. Motion passed unanimously. Alberici General Contractor — 4871 and 4881 West Taft Road Permit #34,063 Town of Clay Regular Planning Board Meeting Date: December 12, 2001 APPROVED This application was presented by Tony Alberici for a free standing sign. The current zoning for the parcel is R-6.

01-10-6 Natick NY 1992 Realty Corp., and BJ’s Wholesale Club, Inc. — Zone Change Recommendation, C-5 to C-4, in the BJ’s Wholesale Club parking lot at Great Northern Mall, 4145 Route 31 James Keefe indicated that he felt that the proposed usage is appropriate in this location and that space is adequate and no additional traffic will be generated due to this usage. It was noted that the Planning Board is looking at this as an individual situation and no precedent is being set for future proposals.

Motion was made by James Keefe, seconded by Ferdinand Lepinske recommending the

Town Board approve the Zone Change Recommendation from C-5 to C-4 as proposed. Motion passed unanimously.

New Business:

01-12- Summerset Homes — Cedar Hollow, Amended Final Plat ~ Lots 22, 23, 28, 29 and 33 Mr. Romans was present for the applicant, however, this hearing will be rescheduled to the Planning Board Meeting of January 9, 2002 and will include all lots and will be presented as such.

Signs:

Tricon Global Rstaurants — KFC and A&W

Motion was made by James Keefe, seconded by Karen Guinup to adjourn this until the

Planning Board meeting scheduled for January 9, 2002. Motion passed unanimously. Alberici General Contractor — 4871 and 4881 West Taft Road Permit #34,063 Town of Clay Regular Planning Board Meeting Date: December 12, 2001 APPROVED This application was presented by Tony Alberici for a free standing sign. The current zoning for the parcel is R-6.

The sign would include the “Mapleridge” development and would include spacing for, at the present time, two physician’s names who are located in the buildings. The applicant presented this as one “community sign” rather than having two separate signs, one for the development and one for the physicians. The signs will be angled rather than perpendicular to the road, therefore, allowing visibility from both directions.

Motion was made by Walter Lepkowski, seconded by Bruce Johnson for the approval of

Mapleridge Community sign with additional signage for the professional office occupancy based on the applicant voluntarily offering to restrict his rights as follows: 1. Six square feet devoted to professions in the building.

2. Color scheme and letter style will match the main sign.

3. The community identification will be the most prominent identification on the sign.

4. The sign must show the building address number.

It was noted that the applicant consents and agrees with the above.

Motion passed unanimously.

Animal Kingdom Permit #34,056 Commissioner Tessier presented for the applicant. The proposal includes one sign to be located on Route 31 and one located on Stearns Road.

Current zoning at the proposed location is S-1 with special permit.

The sign would include the “Mapleridge” development and would include spacing for, at the present time, two physician’s names who are located in the buildings. The applicant presented this as one “community sign” rather than having two separate signs, one for the development and one for the physicians. The signs will be angled rather than perpendicular to the road, therefore, allowing visibility from both directions.

Motion was made by Walter Lepkowski, seconded by Bruce Johnson for the approval of

Mapleridge Community sign with additional signage for the professional office occupancy based on the applicant voluntarily offering to restrict his rights as follows: 1. Six square feet devoted to professions in the building.

2. Color scheme and letter style will match the main sign.

3. The community identification will be the most prominent identification on the sign.

4. The sign must show the building address number.

It was noted that the applicant consents and agrees with the above.

Motion passed unanimously.

Animal Kingdom Permit #34,056 Commissioner Tessier presented for the applicant. The proposal includes one sign to be located on Route 31 and one located on Stearns Road.

Current zoning at the proposed location is S-1 with special permit.

Motion was made by Bruce Johnson, seconded by Ferdinand Lepinske to recommend

approval of the proposed sign based on the assumption that this is a solid masonry structure, address must be included on the sign and includes a 25’ set back as presented. Approval was recommended on both signs, however, the second sign located on Stearns Road is not assumed to be of masonry work.

Motion passed unanimously.

Adjournment

Motion was made by James Sharpe, seconded by Ferdinand Lepinske to adjourn the

meeting. The meeting was adjourned at 9:30 pm. Motion passed.

Respectfully submitted, san Beckhusen Planning Board Secretary Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 28th of November, 2001.

The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski = Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Scott Chatfield Planning Board Attorney Ron DeTota C &S Engineers David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary Approval of Minutes

Motion was made by Karen Guinup, seconded by Ferdinand Lepinske, to approve the

minutes of November 12, 2001 with the following revisions:

Motion was made by Bruce Johnson, seconded by Ferdinand Lepinske to recommend

approval of the proposed sign based on the assumption that this is a solid masonry structure, address must be included on the sign and includes a 25’ set back as presented. Approval was recommended on both signs, however, the second sign located on Stearns Road is not assumed to be of masonry work.

Motion passed unanimously.

Adjournment

Motion was made by James Sharpe, seconded by Ferdinand Lepinske to adjourn the

meeting. The meeting was adjourned at 9:30 pm. Motion passed.

Respectfully submitted, san Beckhusen Planning Board Secretary Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 28th of November, 2001.

The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski = Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Scott Chatfield Planning Board Attorney Ron DeTota C &S Engineers David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary Approval of Minutes

Motion was made by Karen Guinup, seconded by Ferdinand Lepinske, to approve the

minutes of November 12, 2001 with the following revisions:

Last page--Adjournment was at 12:15 am not pm.

Page 3—Second paragraph where “He asked the applicant to provide a map with the proposed tower and one without the tower at different heights to show the coverage” should be “He asked the applicant to provide propagations showing only cellular signals; only PC signals and each at different heights to show the coverage”.

Page 3——Fifth paragraph “the planning board asked the applicant to provide photo simulations of how the tower will look from the following locations: In addition to the north side of the Seneca River and Route 57 they were also requested from the south side. It was Walter’s suggestion that the first two items be the South and North side of the Seneca River and the South and North side of Route 57.

Page 3—Second to last paragraph “Walter Lepkowski felt that a motion tonight would be premature based on the fact that the Planning Board does not know if the Zoning Board will permit for the requested variance” the reason for my vote on not making a motion was that the Town Board, not the Zoning Board, may require a SEQR or other studies for the requested variance for the 150-foot tower.

Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED Page 5-6—re: Barbet regarding reference to road. Suggestion to delete the word “emergency” and just simply call it an access road as it is a road for access not just for emergencies.

Last page--Adjournment was at 12:15 am not pm.

Page 3—Second paragraph where “He asked the applicant to provide a map with the proposed tower and one without the tower at different heights to show the coverage” should be “He asked the applicant to provide propagations showing only cellular signals; only PC signals and each at different heights to show the coverage”.

Page 3——Fifth paragraph “the planning board asked the applicant to provide photo simulations of how the tower will look from the following locations: In addition to the north side of the Seneca River and Route 57 they were also requested from the south side. It was Walter’s suggestion that the first two items be the South and North side of the Seneca River and the South and North side of Route 57.

Page 3—Second to last paragraph “Walter Lepkowski felt that a motion tonight would be premature based on the fact that the Planning Board does not know if the Zoning Board will permit for the requested variance” the reason for my vote on not making a motion was that the Town Board, not the Zoning Board, may require a SEQR or other studies for the requested variance for the 150-foot tower.

Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED Page 5-6—re: Barbet regarding reference to road. Suggestion to delete the word “emergency” and just simply call it an access road as it is a road for access not just for emergencies.

Page 6—second paragraph Video King/Starbucks Plaza sign—Motion passed.

It makes no reference that there were 4 ayes and 3 nays.

Motion passed unanimously.

Public Hearings:

01-10-5 David G. Martin and Linda J. Martin, Zone Change Recommendation — R-2 to R-6, 7527 Buckley Road Mr. David Martin presented the proposed zone change. Mr. Martin stated that he is currently running a legal service business out of his home and is interested in moving it from his home to the building located at 7527 Buckley Road as it would provide more space for his needs.

Mr. Martin indicated that he has no plans to change the outside structure. It is his intention to do interior remodeling only in order to facilitate his business needs. Currently the building is vacant.

The County Planning Board recommended that access be from Coffee Tree Lane rather than Buckley Road. It was noted that a barrier of hedges is currently on Coffee Tree Lane and would need to be partially removed to accommodate that recommendation. The issue of parking was raised. Due to the square footage of the building it was determined that there should be parking for 5 cars. Mr. Martin presented pictures indicating that there currently is ample parking to meet his needs. It was noted that on the site plan, Mr. Martin would have to note that the additional parking is available. Page 6—second paragraph Video King/Starbucks Plaza sign—Motion passed.

It makes no reference that there were 4 ayes and 3 nays.

Motion passed unanimously.

Public Hearings:

01-10-5 David G. Martin and Linda J. Martin, Zone Change Recommendation — R-2 to R-6, 7527 Buckley Road Mr. David Martin presented the proposed zone change. Mr. Martin stated that he is currently running a legal service business out of his home and is interested in moving it from his home to the building located at 7527 Buckley Road as it would provide more space for his needs.

Mr. Martin indicated that he has no plans to change the outside structure. It is his intention to do interior remodeling only in order to facilitate his business needs. Currently the building is vacant.

The County Planning Board recommended that access be from Coffee Tree Lane rather than Buckley Road. It was noted that a barrier of hedges is currently on Coffee Tree Lane and would need to be partially removed to accommodate that recommendation. The issue of parking was raised. Due to the square footage of the building it was determined that there should be parking for 5 cars. Mr. Martin presented pictures indicating that there currently is ample parking to meet his needs. It was noted that on the site plan, Mr. Martin would have to note that the additional parking is available. Mr. Martin indicated that he has spoken with the residents in the area and they have no concerns in regards to his running his business from the location or the zone change to R-6.

Chairman Kovac asked for any additional questions or concerns. Having heard none, the public hearing was closed by Chairman Kovac.

Chairman Kovac asked whether a formal recommendation at this time should be made. Karen Guinup indicated that she prefer that a formal recommendation not be made at this time but that one could be made at the next Planning Board Meeting on December 12, 2001. The remainder of the Planning Board Members were in agreement with that as well.

Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED This application is scheduled for a hearing at the next Town Board Meeting to be held on December 3, 2001.

01-10-6 Natick NY 1992 Realty Corp., and BJ’s Wholesale Club, Inc.-Zone Change Recommendation, C-5 to C-4 in the BJ’s wholesale Club parking lot at Great Northern Mall, 4145 Route 31 Robert Ventre, attorney, presented the proposed zone change recommendation. He stated that the applicant is looking for a zone change from C-5 to C-4 on a 1 acre parcel of the 16 acre parcel that is currently owned by the applicant.

Mr. Martin indicated that he has spoken with the residents in the area and they have no concerns in regards to his running his business from the location or the zone change to R-6.

Chairman Kovac asked for any additional questions or concerns. Having heard none, the public hearing was closed by Chairman Kovac.

Chairman Kovac asked whether a formal recommendation at this time should be made. Karen Guinup indicated that she prefer that a formal recommendation not be made at this time but that one could be made at the next Planning Board Meeting on December 12, 2001. The remainder of the Planning Board Members were in agreement with that as well.

Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED This application is scheduled for a hearing at the next Town Board Meeting to be held on December 3, 2001.

01-10-6 Natick NY 1992 Realty Corp., and BJ’s Wholesale Club, Inc.-Zone Change Recommendation, C-5 to C-4 in the BJ’s wholesale Club parking lot at Great Northern Mall, 4145 Route 31 Robert Ventre, attorney, presented the proposed zone change recommendation. He stated that the applicant is looking for a zone change from C-5 to C-4 on a 1 acre parcel of the 16 acre parcel that is currently owned by the applicant.

The intended use for this 1 acre parcel is for the installation of 5 dispenser islands encompassing 10 fuel pumps, a canopy and a cubical/shed for an attendant for the sale of gasoline to BJ’s Wholesale Club Members as well as the general public. It was noted that it would mainly be for use by Wholesale Club Members, as part of their membership, to obtain fuel at a reduced rate. The general public would be subject to increased cost for the gasoline if they are not a member of the club. It was noted that there would be no visibility of the fuel islands from Route 31.

Currently there is an existing fuel island located at BJ’s in East Syracuse. It consists of 4 islands, a canopy and a cubical/shed for the attendant. Commissioner Tessier raised the question as to why the one on Route 31 would be larger and it was stated by Phil Woodyatt that it was due to the fact that the E. Syracuse building was limited due to utility issues and easements.

Bob Michelson, representative of Moyer’s Corners Fire Department, indicated that additional hydrants and a water source would be necessary to aide the fire department in an emergency. It was noted that these would be included in the site plan.

Having heard no more questions or concerns, Chairman Kovac closed the Public Hearing. A recommendation will be made at the next Planning Board Meeting to be held on December 12, 2001. This request will also be presented at the next Town Board Meeting to be held on December 3, 2001.

The intended use for this 1 acre parcel is for the installation of 5 dispenser islands encompassing 10 fuel pumps, a canopy and a cubical/shed for an attendant for the sale of gasoline to BJ’s Wholesale Club Members as well as the general public. It was noted that it would mainly be for use by Wholesale Club Members, as part of their membership, to obtain fuel at a reduced rate. The general public would be subject to increased cost for the gasoline if they are not a member of the club. It was noted that there would be no visibility of the fuel islands from Route 31.

Currently there is an existing fuel island located at BJ’s in East Syracuse. It consists of 4 islands, a canopy and a cubical/shed for the attendant. Commissioner Tessier raised the question as to why the one on Route 31 would be larger and it was stated by Phil Woodyatt that it was due to the fact that the E. Syracuse building was limited due to utility issues and easements.

Bob Michelson, representative of Moyer’s Corners Fire Department, indicated that additional hydrants and a water source would be necessary to aide the fire department in an emergency. It was noted that these would be included in the site plan.

Having heard no more questions or concerns, Chairman Kovac closed the Public Hearing. A recommendation will be made at the next Planning Board Meeting to be held on December 12, 2001. This request will also be presented at the next Town Board Meeting to be held on December 3, 2001.

Old Business: Adjourned Hearings

01-7-1 Doves Eye enterprises, Inc. (Ashley Landing) (3) Preliminary Plat — north side of Oak Orchard and westerly o f Henry Clay Boulevard It was indicated that no current correspondence has been received. After the Planning Board Meeting of November 12, 2001, Commissioner Tessier did speak with the

applicant who indicated that he was not prepared to present his case.

Motion was made by James Keefe, seconded by James Sharpe to adjourn this hearing

until the next Planning Board Meeting, which will be held on December 12, 2001. Motion passed unanimously.

Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED 01-10-3 Crown Atlantic Co., LLC, Special Use Permit for a Public Utility (150 foot high tower for wireless communications) — west side of Route 57 (Oswego road), to the north and west of Clay Commons Shopping Plaza 01-10-4 Crown Atlantic Co., LLC (3) Site Plan (150 foot high tower for wireless communications) — west side of Route 57 (Oswego Road), to the north and west of Clay Commons Shopping Plaza The applicant nor a representative were present. They have requested adjournment until the next Planning Board Meeting of December 12, 2001.

Motion was made by Ferdinand Lepinske, seconded by James Sharpe that both hearings

be adjourned to the December 12, 2001 Planning Board Meeting. Motion passed.

New Business:

Old Business: Adjourned Hearings

01-7-1 Doves Eye enterprises, Inc. (Ashley Landing) (3) Preliminary Plat — north side of Oak Orchard and westerly o f Henry Clay Boulevard It was indicated that no current correspondence has been received. After the Planning Board Meeting of November 12, 2001, Commissioner Tessier did speak with the

applicant who indicated that he was not prepared to present his case.

Motion was made by James Keefe, seconded by James Sharpe to adjourn this hearing

until the next Planning Board Meeting, which will be held on December 12, 2001. Motion passed unanimously.

Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED 01-10-3 Crown Atlantic Co., LLC, Special Use Permit for a Public Utility (150 foot high tower for wireless communications) — west side of Route 57 (Oswego road), to the north and west of Clay Commons Shopping Plaza 01-10-4 Crown Atlantic Co., LLC (3) Site Plan (150 foot high tower for wireless communications) — west side of Route 57 (Oswego Road), to the north and west of Clay Commons Shopping Plaza The applicant nor a representative were present. They have requested adjournment until the next Planning Board Meeting of December 12, 2001.

Motion was made by Ferdinand Lepinske, seconded by James Sharpe that both hearings

be adjourned to the December 12, 2001 Planning Board Meeting. Motion passed.

New Business:

01-9-3 JOLU Development Company — Willow Stream Wood, Section 9 — Final Plat Hal Romans presented the request for the final plat approval. It was noted that the development would consist of 18 residential lots.

Chairman Kovac asked the Planning Board members for any questions. Having heard none, he then asked Ron DeTota, C & S Engineering and Scott Chatfield, attorney, if everything appeared to be in place.

Both Ron DeTota and Scott Chatfield indicated that from an engineering and legal standpoint that all appeared to be in place.

Bob Michelson, Moyer’s Corners Fire Department representative, indicated that they only issue was that the fire department would like to see an additional hydrant at the corner of Junco and Shoveler. This was noted and indicated that upon future development of that area, placement of an additional fire hydrant would be considered at that time.

Having heard no more questions, Chairman Kovac asked for a motion.

Motion was made by James Keefe to adopt a resolution using standard form #40 granting

final plat approval to JOLU Development Company based upon a map made by Ianuzi & Romans PC dated 10/2/00; latest revision 12/11/00, drawing file #488.007, subject to the following conditions:

1: Legal and engineering approval.

Motion was seconded by James Sharpe. Motion passed: 7:0 Informal Discussion Taft Road Corridor Study Commissioner Tessier presented a revised Corridor Study for current zoning along Taft Road.

01-9-3 JOLU Development Company — Willow Stream Wood, Section 9 — Final Plat Hal Romans presented the request for the final plat approval. It was noted that the development would consist of 18 residential lots.

Chairman Kovac asked the Planning Board members for any questions. Having heard none, he then asked Ron DeTota, C & S Engineering and Scott Chatfield, attorney, if everything appeared to be in place.

Both Ron DeTota and Scott Chatfield indicated that from an engineering and legal standpoint that all appeared to be in place.

Bob Michelson, Moyer’s Corners Fire Department representative, indicated that they only issue was that the fire department would like to see an additional hydrant at the corner of Junco and Shoveler. This was noted and indicated that upon future development of that area, placement of an additional fire hydrant would be considered at that time.

Having heard no more questions, Chairman Kovac asked for a motion.

Motion was made by James Keefe to adopt a resolution using standard form #40 granting

final plat approval to JOLU Development Company based upon a map made by Ianuzi & Romans PC dated 10/2/00; latest revision 12/11/00, drawing file #488.007, subject to the following conditions:

1: Legal and engineering approval.

Motion was seconded by James Sharpe. Motion passed: 7:0 Informal Discussion Taft Road Corridor Study Commissioner Tessier presented a revised Corridor Study for current zoning along Taft Road.

Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED Various properties were noted with their current zoning and the recommended zone changes. The Corridor Study was reviewed by all Planning Board Members and changes were noted.

Overall the Planning Board felt that the recommendations presented in the study appeared acceptable with some changes noted.

Town of Clay Planning Board Meeting scheduled for December 26, 2001.

Commissioner Tessier and Chairman Kovac discussed the currently scheduled Planning Board Meeting to be held on December 26, 2001. It was noted that nothing is currently on the agenda for that meeting.

Motion was made by Ferdinand Lepinske, seconded by Bruce Johnson to eliminate the

December 26, 2001 Planning Board Meeting in light of the holiday and lack of items on the agenda. Motion passed unanimously.

Adjournment

Motion was made by Ferdinand Lepinske, seconded by James Sharpe to adjourn the

meeting. The meeting was adjourned at 9:45 pm. Motion passed.

Respectfully submitted, Qtr Grlthoce Susan Beckhusen Planning Board Secretary

APPROVED November 14, 2001

The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 14" day of November 2001. The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

Town of Clay Regular Planning Board Meeting Date: November 28, 2001 APPROVED Various properties were noted with their current zoning and the recommended zone changes. The Corridor Study was reviewed by all Planning Board Members and changes were noted.

Overall the Planning Board felt that the recommendations presented in the study appeared acceptable with some changes noted.

Town of Clay Planning Board Meeting scheduled for December 26, 2001.

Commissioner Tessier and Chairman Kovac discussed the currently scheduled Planning Board Meeting to be held on December 26, 2001. It was noted that nothing is currently on the agenda for that meeting.

Motion was made by Ferdinand Lepinske, seconded by Bruce Johnson to eliminate the

December 26, 2001 Planning Board Meeting in light of the holiday and lack of items on the agenda. Motion passed unanimously.

Adjournment

Motion was made by Ferdinand Lepinske, seconded by James Sharpe to adjourn the

meeting. The meeting was adjourned at 9:45 pm. Motion passed.

Respectfully submitted, Qtr Grlthoce Susan Beckhusen Planning Board Secretary

APPROVED November 14, 2001

The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 14" day of November 2001. The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Scott Chatfield Planning Board Attorney (Arrived at 8:00 PM) Ron Detota C & S Engineering David Tessier Commissioner of Planning & Development Mary Ellen Sims Substitute Planning Board Secretary

ABSENT: Bruce Johnson Member

Approval of Minutes

Motion was made by Walter Lepkowski, seconded by James Sharpe, to approve the minutes of October 24,

2001 as presented.

Public Hearings:

01-10-2 North Syracuse Towing and Recovery Site Plan- northeast corner of Goguen Drive and Maitlage Drive N Syracuse Towing Scott Doody, representing the applicant, appeared before the board to present the site plan for North Syracuse Towing and Recovery for property located on the northeast corner of Goguen Drive and Maltlage Drive.

The applicant is proposing a three (3) phase plan: the construction of a 20 x 40 foot pole barn office on the northern part of the parcel, a 40 x 52 foot three (3) bay pole barn for warehousing and equipment and a 60 x 70 foot fenced in storage area. When the project is complete, the applicant is proposing green landscaped area. The proposed plan is expected to be completed by the summer of 2002. C & S letter of November 14, 2001 commented on two concerns regarding drainage and sanitary sewer and these items will be addressed by the applicant.

PRESENT: Allen Kovac Chairman

Walter Lepkowski Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Scott Chatfield Planning Board Attorney (Arrived at 8:00 PM) Ron Detota C & S Engineering David Tessier Commissioner of Planning & Development Mary Ellen Sims Substitute Planning Board Secretary

ABSENT: Bruce Johnson Member

Approval of Minutes

Motion was made by Walter Lepkowski, seconded by James Sharpe, to approve the minutes of October 24,

2001 as presented.

Public Hearings:

01-10-2 North Syracuse Towing and Recovery Site Plan- northeast corner of Goguen Drive and Maitlage Drive N Syracuse Towing Scott Doody, representing the applicant, appeared before the board to present the site plan for North Syracuse Towing and Recovery for property located on the northeast corner of Goguen Drive and Maltlage Drive.

The applicant is proposing a three (3) phase plan: the construction of a 20 x 40 foot pole barn office on the northern part of the parcel, a 40 x 52 foot three (3) bay pole barn for warehousing and equipment and a 60 x 70 foot fenced in storage area. When the project is complete, the applicant is proposing green landscaped area. The proposed plan is expected to be completed by the summer of 2002. C & S letter of November 14, 2001 commented on two concerns regarding drainage and sanitary sewer and these items will be addressed by the applicant.

The pole barn will have vinyl siding with a pitched roof. The fenced in storage area will be behind the building, 7 feet high and will house no more than 20 vehicles.

The applicant stated that the storage area is for short-term storage of vehicles. There will be no car repair work done at this location.

The driveway will be constructed of recycled asphalt.

Ron Detota, C & S engineer, commented that the applicant needs to re-work some of the contours and construct a swale that will not impact the neighboring properties.

Hearing no more questions, Chairman Kovac closed the public hearing.

Town of Clay Regular Planning Board Meeting November 14, 2001

Motion was made by Karen Guinup, seconded by James Sharpe, to adopt a resolution using Standard Form

#10, that for SEQR purposes, the site plan as proposed by North Syracuse Towing and Recovery be declared a negative declaration, as there appears to be no major environmental impacts that cannot be mitigated. This action does not involve any other agencies, including the Federal Government Motion Passed.

Motion was made by Karen Guinup, seconded by Walter Lepkowski, to adopt a resolution using Standard

Form # 30, granting site plan approval to North Syracuse Towing and Recovery, case # 01-10-1, based ona map by Phillips and Associates, dated 6/9/99, no revisions, showing file # 1105.822, subject to the following conditions:

All items in the C & S letter dated November 14, 2001 being addressed and mitigated The pole barn will have vinyl siding with a pitched roof. The fenced in storage area will be behind the building, 7 feet high and will house no more than 20 vehicles.

The applicant stated that the storage area is for short-term storage of vehicles. There will be no car repair work done at this location.

The driveway will be constructed of recycled asphalt.

Ron Detota, C & S engineer, commented that the applicant needs to re-work some of the contours and construct a swale that will not impact the neighboring properties.

Hearing no more questions, Chairman Kovac closed the public hearing.

Town of Clay Regular Planning Board Meeting November 14, 2001

Motion was made by Karen Guinup, seconded by James Sharpe, to adopt a resolution using Standard Form

#10, that for SEQR purposes, the site plan as proposed by North Syracuse Towing and Recovery be declared a negative declaration, as there appears to be no major environmental impacts that cannot be mitigated. This action does not involve any other agencies, including the Federal Government Motion Passed.

Motion was made by Karen Guinup, seconded by Walter Lepkowski, to adopt a resolution using Standard

Form # 30, granting site plan approval to North Syracuse Towing and Recovery, case # 01-10-1, based ona map by Phillips and Associates, dated 6/9/99, no revisions, showing file # 1105.822, subject to the following conditions:

All items in the C & S letter dated November 14, 2001 being addressed and mitigated Subject to the parking area and the area around the sign having flower beds installed Subject to the landscaping on the east side of the fence being continued with additional 8 foot spruce trees placed 10 feet apart Subject to the storage area holding no more than a maximum of 20 vehicies. Subject to legal and engineering requirements.

Motion Passed.

01-10-2 Crown Atlantic Co., LLC Special Use Permit for a Public Utility (70 foot high tower, cell on wheels) - west side of Route 57 (Oswego Rd) to the north and west of Clay Commons Shopping Plaza Jeffrey Davis, attorney at law, was present to request a recommendation for Special Use Permit for a Public Utility for a 70 foot Tower, a 150 foot Tower and Site Plan approval for the 150 Foot Tower. The proposed location of the Tower is behind Taco Bell in the Clay Commons Shopping Area. The 70-foot Cell on Wheels, also called a COW, will not require any variances and will be a temporary fixture necessary to provide coverage for Cricket and Cingular providers.

Crown Atlantic is a turnkey operation that works with multiple providers to provide coverage for wireless communications. They attempt to co-locate on existing structures, if possible. The proposed location was chosen due to the lack of coverage in that area. Mr. Davis explained that the

location is necessary to provide the necessary service to customers in that area. It will fill the gap that currently exists.

Mr. Davis proceeded with the propagation study for the area.

Subject to the parking area and the area around the sign having flower beds installed Subject to the landscaping on the east side of the fence being continued with additional 8 foot spruce trees placed 10 feet apart Subject to the storage area holding no more than a maximum of 20 vehicies. Subject to legal and engineering requirements.

Motion Passed.

01-10-2 Crown Atlantic Co., LLC Special Use Permit for a Public Utility (70 foot high tower, cell on wheels) - west side of Route 57 (Oswego Rd) to the north and west of Clay Commons Shopping Plaza Jeffrey Davis, attorney at law, was present to request a recommendation for Special Use Permit for a Public Utility for a 70 foot Tower, a 150 foot Tower and Site Plan approval for the 150 Foot Tower. The proposed location of the Tower is behind Taco Bell in the Clay Commons Shopping Area. The 70-foot Cell on Wheels, also called a COW, will not require any variances and will be a temporary fixture necessary to provide coverage for Cricket and Cingular providers.

Crown Atlantic is a turnkey operation that works with multiple providers to provide coverage for wireless communications. They attempt to co-locate on existing structures, if possible. The proposed location was chosen due to the lack of coverage in that area. Mr. Davis explained that the

location is necessary to provide the necessary service to customers in that area. It will fill the gap that currently exists.

Mr. Davis proceeded with the propagation study for the area.

Chairman Kovac asked if there were any questions and Walter Lepkowski had the following concerns and questions:

He inquired as to whether the applicant had explored co-locating on other Towers in the area, specifically the one at Marketfair North and the tower at Verplank Road. The applicant stated that neither site would accomplish the desired coverage.

He asked if they explored upgrading the tower at Marketfair. Currently the tower in that location holds two providers and is only 86 feet high.

He asked what would happen if capacity doubled in the proposed area and if additional equipment could be added to the proposed tower. The proposed tower is designed to hold four providers. Two are currently proposed for the Tower- Cricket and Cingular.

Town of Clay Regular Planning Board Meeting November 14, 2001 He asked why they can’t locate on a structure other than a pole, such as bridges, buildings, etc. The

applicant commented that it would not provide the needed service to that area, as there are no alternative structures available.

He asked the applicant to provide propogations showing only cellular signals; only PC signals and each at different heights to show the coverage.

The 70-foot cell on wheels will meet all setback requirements and will be placed in the same approximate

location as the 150-foot tower. It will be removed when the 150-foot tower is built. Chairman Kovac asked if there were any questions and Walter Lepkowski had the following concerns and questions:

He inquired as to whether the applicant had explored co-locating on other Towers in the area, specifically the one at Marketfair North and the tower at Verplank Road. The applicant stated that neither site would accomplish the desired coverage.

He asked if they explored upgrading the tower at Marketfair. Currently the tower in that location holds two providers and is only 86 feet high.

He asked what would happen if capacity doubled in the proposed area and if additional equipment could be added to the proposed tower. The proposed tower is designed to hold four providers. Two are currently proposed for the Tower- Cricket and Cingular.

Town of Clay Regular Planning Board Meeting November 14, 2001 He asked why they can’t locate on a structure other than a pole, such as bridges, buildings, etc. The

applicant commented that it would not provide the needed service to that area, as there are no alternative structures available.

He asked the applicant to provide propogations showing only cellular signals; only PC signals and each at different heights to show the coverage.

The 70-foot cell on wheels will meet all setback requirements and will be placed in the same approximate

location as the 150-foot tower. It will be removed when the 150-foot tower is built. The Planning Board asked the applicant to provide photo simulations of how the Tower will look from the following locations:

South and North side of Seneca River South and North side of Route 57 West of Soule Road Center of Casual Estates Park Ridge Strawberry Runne Forest Hills Area They asked that all propagations be in 81/2 x 11 format.

Walter Lepkowski was concerned with the aesthetics of the tower and how if will affect the scenery from the Seneca River area.

County Planning had no position on the 70 foot tower but had the following comment on the proposed 150 foot tower:

County Planning recommends that said application be DISAPPROVED for the following reason: The County Planning Board believes that this important setback regulation should be enforced to uphoid the integrity of the zoning ordinance.

Chairman Kovac closed the public hearing on case # 01-10-2 Crown Atlantic Co. LLC Special Use Permit for a Public Utility (70-foot high tower, cell on wheels).

James Keefe suggested that a recommendation be made for the 70-foot tower due to the fact that no variances are needed for the Cell on Wheels.

Walter Lepkowski felt that a motion tonight would be premature if the Town Board would require SEQR or other studies for the requested variance for the 150-foot tower.

The Planning Board asked the applicant to provide photo simulations of how the Tower will look from the following locations:

South and North side of Seneca River South and North side of Route 57 West of Soule Road Center of Casual Estates Park Ridge Strawberry Runne Forest Hills Area They asked that all propagations be in 81/2 x 11 format.

Walter Lepkowski was concerned with the aesthetics of the tower and how if will affect the scenery from the Seneca River area.

County Planning had no position on the 70 foot tower but had the following comment on the proposed 150 foot tower:

County Planning recommends that said application be DISAPPROVED for the following reason: The County Planning Board believes that this important setback regulation should be enforced to uphoid the integrity of the zoning ordinance.

Chairman Kovac closed the public hearing on case # 01-10-2 Crown Atlantic Co. LLC Special Use Permit for a Public Utility (70-foot high tower, cell on wheels).

James Keefe suggested that a recommendation be made for the 70-foot tower due to the fact that no variances are needed for the Cell on Wheels.

Walter Lepkowski felt that a motion tonight would be premature if the Town Board would require SEQR or other studies for the requested variance for the 150-foot tower.

Motion was made by James Keefe, seconded by Ferdinand Lepinske, to recommend to the Town Board that

the 70 foot cell on wheels (COW) be approved for a special use permit for a public utility for location on the west side of Route 57 (Oswego Road) to the north and west of Clay Commons Shopping Plaza. Vote- 5

ayes- one nay ( Walter Lepkowski voted no) Motion Passed.

Town of Clay Regular Planning Board Meeting November 14, 2001 01-10-3 Crown Atlantic Co., LLC Special Use Permit for a Public Utility (150 foot high tower for wireless communications) — west side of Route 57 (Oswego Road) to the north and west of Clay Commons Shopping Plaza Variance is needed to recommend approval for this case.

Motion was made by Karen Guinup, seconded by James Sharpe, to adjourn this public hearing to November

28, 2001. Motion Passed.

01-10-4 Crown Atlantic Co. LLC Site Plan (150 foot tower for wireless communications)- east side of Route 57 (Oswego Road) to the north and west of Clay Commons Shopping Plaza Variance is needed to recommend approval for this case.

Motion was made by Karen Guinup, seconded by James Sharpe, to adjourn this public hearing to November

28, 2001. Motion Passed.

Old Business: Adjourned Hearings

01-7-4 Robert J. Hamlin & Ethel M. Hamlin Preliminary Plat- 8064 Henry Clay Boulevard B.A. Russell, attorney at law, appeared before the planning board to present the preliminary plat for Robert J. Hamlin and Ethe! M. Hamlin for property located at 8064 Henry Clay Boulevard.

Motion was made by James Keefe, seconded by Ferdinand Lepinske, to recommend to the Town Board that

the 70 foot cell on wheels (COW) be approved for a special use permit for a public utility for location on the west side of Route 57 (Oswego Road) to the north and west of Clay Commons Shopping Plaza. Vote- 5

ayes- one nay ( Walter Lepkowski voted no) Motion Passed.

Town of Clay Regular Planning Board Meeting November 14, 2001 01-10-3 Crown Atlantic Co., LLC Special Use Permit for a Public Utility (150 foot high tower for wireless communications) — west side of Route 57 (Oswego Road) to the north and west of Clay Commons Shopping Plaza Variance is needed to recommend approval for this case.

Motion was made by Karen Guinup, seconded by James Sharpe, to adjourn this public hearing to November

28, 2001. Motion Passed.

01-10-4 Crown Atlantic Co. LLC Site Plan (150 foot tower for wireless communications)- east side of Route 57 (Oswego Road) to the north and west of Clay Commons Shopping Plaza Variance is needed to recommend approval for this case.

Motion was made by Karen Guinup, seconded by James Sharpe, to adjourn this public hearing to November

28, 2001. Motion Passed.

Old Business: Adjourned Hearings

01-7-4 Robert J. Hamlin & Ethel M. Hamlin Preliminary Plat- 8064 Henry Clay Boulevard B.A. Russell, attorney at law, appeared before the planning board to present the preliminary plat for Robert J. Hamlin and Ethe! M. Hamlin for property located at 8064 Henry Clay Boulevard. Mr. Russell explained that the applicant did receive the requested variances from the Zoning Board of Appeals. The Zoning Board granted the requested variances conditioned upon the lots being re-designed and that there be no further subdividing of either lot.

The lots have been re-designed, lot # 1 is 162.98 feet and lot # 2 is 120 feet. C & S engineer commented that they would request the following information on the plan: Forty feet from the center line of the road be dedicated to the County Date of the variance be shown on the plan Description of variance granted Note that there will be no further subdivision of lots 1 & 2 Note #5 on the plan will be re-worded according to the verbage that County Health Department requires.

Chairman Kovac asked if there were any questions and hearing none he closed the public hearing.

Motion was made by Walter Lepkowski, seconded by James Keefe, to adopt a resolution using Standard

Form # 10 that for SEQR purposes, the preliminary plat approval for Robert J. Hamlin and Ethel Hamlin be declared a negative declaration, as there appears to be no major environmental impacts that cannot be mitigated. This action does not involve any other agencies, including the Federal Government Motion Passed.

The planning board proceeded to Final Plat Approval at this time.

Mr. Russell explained that the applicant did receive the requested variances from the Zoning Board of Appeals. The Zoning Board granted the requested variances conditioned upon the lots being re-designed and that there be no further subdividing of either lot.

The lots have been re-designed, lot # 1 is 162.98 feet and lot # 2 is 120 feet. C & S engineer commented that they would request the following information on the plan: Forty feet from the center line of the road be dedicated to the County Date of the variance be shown on the plan Description of variance granted Note that there will be no further subdivision of lots 1 & 2 Note #5 on the plan will be re-worded according to the verbage that County Health Department requires.

Chairman Kovac asked if there were any questions and hearing none he closed the public hearing.

Motion was made by Walter Lepkowski, seconded by James Keefe, to adopt a resolution using Standard

Form # 10 that for SEQR purposes, the preliminary plat approval for Robert J. Hamlin and Ethel Hamlin be declared a negative declaration, as there appears to be no major environmental impacts that cannot be mitigated. This action does not involve any other agencies, including the Federal Government Motion Passed.

The planning board proceeded to Final Plat Approval at this time.

Motion was made by Karen Guinup, seconded by Ferdinand Lepinske, to adopt a resolution using Standard

Form # 40, granting Final Plat approval to Robert J. Hamlin and Ethel M. Hamlin, for property located at 8064 Henry Clay boulevard, based on a map by Robert Goodeve, dated 8/26/2000, revised 9/25/2001 showing file # 930.71 subject to the following conditions:

Property lines being re-drawn Variance granted and date of variance Note stating that there will be no further subdivision of lots 1 and 2 The applicant will dedicate 40 feet from the road centerline to Onondaga County Town of Clay Regular Planning Board Meeting November 14, 2001 That the note regarding County Health will be re-worded Subject to legal and engineering requirements.

Motion Passed.

01-7-1 Doves Eye Enterprises, Inc. (Ashley Landing) Preliminary Plat — north side of Oak Orchard and westerly of Henry Clay Boulevard .

At the request of the applicant, this case will be adjourned to November 28, 2001. Commissioner Tessier endorsed this request. The applicant has not received the necessary letter from the State Historical Association.

Motion was made by James Sharpe, seconded by Ferdinand Lepinske, to adjourn this public hearing to

November 28, 2001. Motion Passed.

Old Business: Hearings Closed

Motion was made by Karen Guinup, seconded by Ferdinand Lepinske, to adopt a resolution using Standard

Form # 40, granting Final Plat approval to Robert J. Hamlin and Ethel M. Hamlin, for property located at 8064 Henry Clay boulevard, based on a map by Robert Goodeve, dated 8/26/2000, revised 9/25/2001 showing file # 930.71 subject to the following conditions:

Property lines being re-drawn Variance granted and date of variance Note stating that there will be no further subdivision of lots 1 and 2 The applicant will dedicate 40 feet from the road centerline to Onondaga County Town of Clay Regular Planning Board Meeting November 14, 2001 That the note regarding County Health will be re-worded Subject to legal and engineering requirements.

Motion Passed.

01-7-1 Doves Eye Enterprises, Inc. (Ashley Landing) Preliminary Plat — north side of Oak Orchard and westerly of Henry Clay Boulevard .

At the request of the applicant, this case will be adjourned to November 28, 2001. Commissioner Tessier endorsed this request. The applicant has not received the necessary letter from the State Historical Association.

Motion was made by James Sharpe, seconded by Ferdinand Lepinske, to adjourn this public hearing to

November 28, 2001. Motion Passed.

Old Business: Hearings Closed

01-5-1 Tricon Global Restaurants Preliminary Plat — 3877 & 3883 Route 31 01-5-2 Tricon Global Restaurants Site Plan — 3877 & 3883 Route 31 At the request of the applicant, this public hearing will be adjourned to December 12, 2001. Negotiations are still pending for Tricon Global.

Motion was made by Walter Lepkowski, seconded by James Sharpe, to adjourn this public hearing to

December 12, 2001. Motion Passed.

01-5-3 Barbet Development Corp Preliminary Plat, Fairway East Extension No. 2 and No.3 and Streamwood Extension No. 1- west side of Morgan road, south of Route 481 and north of Fairway Commissioner Tessier gave the presentation on Barbet Development, due to the fact that this public hearing is closed.

Chairman Kovac commented that the Planning Board received letters from the following residents regarding the proposed Barbet Development:

Sharon Michaels Cheryl Keene Neil Fitzpatrick Thomas and Barbara Tucci Paul & Mary Jo Lakomski Robert Haskins Amy Riou Perry Scohzert These will be included in the file for Barbet Development Corp., case # 01-5-3. At the last planning board meeting, seven options were discussed for this development regarding the proposed emergency access road. Option # 6 seems to be the most appropriate for this road. This option is reprinted below:

Option #6 Develop two distinct roads of traffic (two one way roads) with runover curbs for emergency vehicles to use if needed. (This would eliminate the need for #1, #2 or #3) 01-5-1 Tricon Global Restaurants Preliminary Plat — 3877 & 3883 Route 31 01-5-2 Tricon Global Restaurants Site Plan — 3877 & 3883 Route 31 At the request of the applicant, this public hearing will be adjourned to December 12, 2001. Negotiations are still pending for Tricon Global.

Motion was made by Walter Lepkowski, seconded by James Sharpe, to adjourn this public hearing to

December 12, 2001. Motion Passed.

01-5-3 Barbet Development Corp Preliminary Plat, Fairway East Extension No. 2 and No.3 and Streamwood Extension No. 1- west side of Morgan road, south of Route 481 and north of Fairway Commissioner Tessier gave the presentation on Barbet Development, due to the fact that this public hearing is closed.

Chairman Kovac commented that the Planning Board received letters from the following residents regarding the proposed Barbet Development:

Sharon Michaels Cheryl Keene Neil Fitzpatrick Thomas and Barbara Tucci Paul & Mary Jo Lakomski Robert Haskins Amy Riou Perry Scohzert These will be included in the file for Barbet Development Corp., case # 01-5-3. At the last planning board meeting, seven options were discussed for this development regarding the proposed emergency access road. Option # 6 seems to be the most appropriate for this road. This option is reprinted below:

Option #6 Develop two distinct roads of traffic (two one way roads) with runover curbs for emergency vehicles to use if needed. (This would eliminate the need for #1, #2 or #3) Commissioner Tessier commented that the key to this option would be the divided highway concept. A concept drawing was presented that shows a divided highway with two 12.5 foot travel lanes, a 5-foot medium, and two 2-foot gutters on each side. A six-foot walking path is shown on one side of the road. The Town of Clay Regular Planning Board Meeting November 14, 2001 width of the proposed lanes was discussed and it was felt that 18-foot lanes might be more practicable. The pedestrian walkway was discussed and a decision was made that the inside of the walkway (closest to the road) should be protected with a guardrail and that the outside of the path should be protected with a chain link fence for added safety. The pedestrian path should be constructed of asphalt. The proposed medium for the access road shows four breaks for driveways to cross. C & S engineer commented that any concerns regarding drainage and easements could be addressed. He did state that the plan needs to be drawn by a licensed land surveyor.

The sixty-foot right of way was discussed with the configuration of that area possibly changing through the culvert area.

The Planning Board decided that through the culvert area two (2) 13 % foot lanes, a 5 foot medium, 4 foot walkway and two (2) foot gutters could be constructed and the remainder of the access road would be constructed with two (2) sixteen foot lanes, 5 foot medium, 4 foot walkway and two (2) foot gutters. Commissioner Tessier commented that the key to this option would be the divided highway concept. A concept drawing was presented that shows a divided highway with two 12.5 foot travel lanes, a 5-foot medium, and two 2-foot gutters on each side. A six-foot walking path is shown on one side of the road. The Town of Clay Regular Planning Board Meeting November 14, 2001 width of the proposed lanes was discussed and it was felt that 18-foot lanes might be more practicable. The pedestrian walkway was discussed and a decision was made that the inside of the walkway (closest to the road) should be protected with a guardrail and that the outside of the path should be protected with a chain link fence for added safety. The pedestrian path should be constructed of asphalt. The proposed medium for the access road shows four breaks for driveways to cross. C & S engineer commented that any concerns regarding drainage and easements could be addressed. He did state that the plan needs to be drawn by a licensed land surveyor.

The sixty-foot right of way was discussed with the configuration of that area possibly changing through the culvert area.

The Planning Board decided that through the culvert area two (2) 13 % foot lanes, a 5 foot medium, 4 foot walkway and two (2) foot gutters could be constructed and the remainder of the access road would be constructed with two (2) sixteen foot lanes, 5 foot medium, 4 foot walkway and two (2) foot gutters.

Motion was made by Walter Lepkowski, seconded by James Sharpe, to adopt a resolution using Standard

Form # 30, granting preliminary plat approval to Barbet Development Corp. based on a map by Phillips and Associates, dated 11/14/2001, no revisions, subject to the following highway configurations for the emergency access road:

Two 16 foot driving lanes with the exception of the area through the culvert area Two 13 % foot lanes in the culvert area Five (5) foot medium throughout the entire access road Four (4) foot walkway with guard rails on the inside of the road area and a short chain link fence to protect the outside of the culvert area for pedestrians Two 2 foot gutters (one on each side of road) Subject to the inclusion of a pedestrian walkway extending from the end of Datum Lane to the loop road immediately west of the northerly boundary of the Michaels property and subject to all three sections being shown on the plan showing where each section is located. Motion Passed.

01-9-1 Eldan Homes, Inc. Revised Preliminary Plat- Streamwood Townhouses, Section B on Sandbar Lane, east of Streamwood Drive Dan Barnaba, President of Eldan Homes, presented the revised preliminary plat for Eldan Homes, Streamwood Townhouses, Section B on Sandbar Lane, east of Streamwood Drive. This case was adjourned due to technical criteria requested by C & S engineers and the Town Attorney.

Motion was made by Walter Lepkowski, seconded by James Sharpe, to adopt a resolution using Standard

Form # 30, granting preliminary plat approval to Barbet Development Corp. based on a map by Phillips and Associates, dated 11/14/2001, no revisions, subject to the following highway configurations for the emergency access road:

Two 16 foot driving lanes with the exception of the area through the culvert area Two 13 % foot lanes in the culvert area Five (5) foot medium throughout the entire access road Four (4) foot walkway with guard rails on the inside of the road area and a short chain link fence to protect the outside of the culvert area for pedestrians Two 2 foot gutters (one on each side of road) Subject to the inclusion of a pedestrian walkway extending from the end of Datum Lane to the loop road immediately west of the northerly boundary of the Michaels property and subject to all three sections being shown on the plan showing where each section is located. Motion Passed.

01-9-1 Eldan Homes, Inc. Revised Preliminary Plat- Streamwood Townhouses, Section B on Sandbar Lane, east of Streamwood Drive Dan Barnaba, President of Eldan Homes, presented the revised preliminary plat for Eldan Homes, Streamwood Townhouses, Section B on Sandbar Lane, east of Streamwood Drive. This case was adjourned due to technical criteria requested by C & S engineers and the Town Attorney. The applicant stated that the individual lot lines are now shown. There are 24 blocks proposed, with 57 buildings and lots.

The applicant stated that the Town Attorney requested that, due to the fact that application is being made to Town Law # 278, that those exceptions to the zoning requirements be identified on the current plan. Current zoning is R-5 and the following are the exceptions that are being requested: Reducing the minimum space between buildings from 40 feet to 20 feet.

Side yard setbacks from 20 feet to 5 feet Minimum number of units per buildings from 2 to 3.

These are shown on the plan.

Town of Clay Regular Planning Board Meeting November 14, 2001 The applicant indicated that there is a minor change in the location of the sewer easement for Block 1 and that there will be a driveway on Block 14 that will not encroach on the drainage basin. Ron DeTota, engineer, commented that he felt that any drainage concerns could be mitigated.

Motion was made by James Keefe, seconded by Karen Guinup, to adopt a resolution using Standard Form #

30, granting preliminary plat approval to Steppingstones of Streamwood Townhouses (formerly Streamwood Townhouses) based on a map by Phillips and Associates, dated 10/5/2001, revised 11/13/2001, showing file # 2730.001 subject to the planning board knowingly exercising the acceptance of exceptions under Section # 278 to reduce the geometry set forth by the applicant and subject to legal and engineering requirements. Motion Passed.

The applicant stated that the individual lot lines are now shown. There are 24 blocks proposed, with 57 buildings and lots.

The applicant stated that the Town Attorney requested that, due to the fact that application is being made to Town Law # 278, that those exceptions to the zoning requirements be identified on the current plan. Current zoning is R-5 and the following are the exceptions that are being requested: Reducing the minimum space between buildings from 40 feet to 20 feet.

Side yard setbacks from 20 feet to 5 feet Minimum number of units per buildings from 2 to 3.

These are shown on the plan.

Town of Clay Regular Planning Board Meeting November 14, 2001 The applicant indicated that there is a minor change in the location of the sewer easement for Block 1 and that there will be a driveway on Block 14 that will not encroach on the drainage basin. Ron DeTota, engineer, commented that he felt that any drainage concerns could be mitigated.

Motion was made by James Keefe, seconded by Karen Guinup, to adopt a resolution using Standard Form #

30, granting preliminary plat approval to Steppingstones of Streamwood Townhouses (formerly Streamwood Townhouses) based on a map by Phillips and Associates, dated 10/5/2001, revised 11/13/2001, showing file # 2730.001 subject to the planning board knowingly exercising the acceptance of exceptions under Section # 278 to reduce the geometry set forth by the applicant and subject to legal and engineering requirements. Motion Passed.

New Business:

JOLU Development Company — Willow Stream Wood, Section 6C- Final Plat Hal Romans, representing the applicant, presented the final plat for JOLU Development Company, Willow Stream Wood, Section 6C.

This is a 26-lot subdivision, with no changes from the preliminary plat. The swale has been indicated on the final plat map.

Chairman Kovac asked if there were any questions.

The applicant was asked if there were a stub street that would connect to the lanno property. There is a stub street that will connect when the next section is developed.

Hearing no questions, Chairman Kovac asked for a motion.

Motion was made by Walter Lepkowski, seconded by James Sharpe, to adopt a resolution using Standard

Form # 40, granting final plat approval to JOLU Development Company, case # 08-8-01, based on a map by lanuzi & Romans, dated 8/1/200, no revisions, showing final # 488.007 subject to legal and engineering requirements. Motion Passed.

Signs:

Goodrich Auction Service The applicant presented his application for an awning type sign for Auction Network, located at Henry Clay Boulevard and Route 31. The parcel is located in a C-5 zone. The proposed sign is within the zoning requirements.

Motion was made by James Keefe, seconded by James Sharpe, to approve the sign as presented in

application # 34.003. Motion Passed.

New Business:

JOLU Development Company — Willow Stream Wood, Section 6C- Final Plat Hal Romans, representing the applicant, presented the final plat for JOLU Development Company, Willow Stream Wood, Section 6C.

This is a 26-lot subdivision, with no changes from the preliminary plat. The swale has been indicated on the final plat map.

Chairman Kovac asked if there were any questions.

The applicant was asked if there were a stub street that would connect to the lanno property. There is a stub street that will connect when the next section is developed.

Hearing no questions, Chairman Kovac asked for a motion.

Motion was made by Walter Lepkowski, seconded by James Sharpe, to adopt a resolution using Standard

Form # 40, granting final plat approval to JOLU Development Company, case # 08-8-01, based on a map by lanuzi & Romans, dated 8/1/200, no revisions, showing final # 488.007 subject to legal and engineering requirements. Motion Passed.

Signs:

Goodrich Auction Service The applicant presented his application for an awning type sign for Auction Network, located at Henry Clay Boulevard and Route 31. The parcel is located in a C-5 zone. The proposed sign is within the zoning requirements.

Motion was made by James Keefe, seconded by James Sharpe, to approve the sign as presented in

application # 34.003. Motion Passed.

Oswego County Savings Bank- Route 57 ( Dairy Queen Building ) The application for Onondaga County Savings Bank requests 3 wall signs, each 25 square feet and one free standing pylon sign that is 44 square feet. The freestanding sign will utilize the existing base. The Planning Board stated that the freestanding sign could only be a total of 32 square feet.

Motion was made by Walter Lepkowski, seconded by Ferdinand Lepinske, to approve application # 34.023

for 3 wall signs as shown at 25 square feet each and one free standing pylon sign that will use the existing base and that will be no more than 32 square feet in size. Motion Passed.

Video King — Starbucks Plaza Sarah Grace Campbell, attorney at law, presented the revised application for Video King Store, located in Starbucks Plaza, Route 57.

Town of Clay Regular Planning Board Meeting November 14, 2001 The parcel is located in a C-5 zone at 7567 Oswego Road. The applicant has changed the background to white and has reduced the number of colors on the sign to two colors. The letters will be red and the crown will be gold. The square footage for the proposed sign is slightly under the square footage permitted by zoning regulations.

There was a lengthy discussion on the original site plan approval and if the owner had specified a certain color scheme and size for signs for the plaza.

Oswego County Savings Bank- Route 57 ( Dairy Queen Building ) The application for Onondaga County Savings Bank requests 3 wall signs, each 25 square feet and one free standing pylon sign that is 44 square feet. The freestanding sign will utilize the existing base. The Planning Board stated that the freestanding sign could only be a total of 32 square feet.

Motion was made by Walter Lepkowski, seconded by Ferdinand Lepinske, to approve application # 34.023

for 3 wall signs as shown at 25 square feet each and one free standing pylon sign that will use the existing base and that will be no more than 32 square feet in size. Motion Passed.

Video King — Starbucks Plaza Sarah Grace Campbell, attorney at law, presented the revised application for Video King Store, located in Starbucks Plaza, Route 57.

Town of Clay Regular Planning Board Meeting November 14, 2001 The parcel is located in a C-5 zone at 7567 Oswego Road. The applicant has changed the background to white and has reduced the number of colors on the sign to two colors. The letters will be red and the crown will be gold. The square footage for the proposed sign is slightly under the square footage permitted by zoning regulations.

There was a lengthy discussion on the original site plan approval and if the owner had specified a certain color scheme and size for signs for the plaza.

Attorney Chatfield commented that if this restriction were a condition of site plan, it would be enforceable. It appeared that this was not a condition placed on the site plan approval.

Motion was made by James Keefe, seconded by James Sharpe, to approve the sign application of Video

King, Starbucks Plaza, # 33.999 based on a design by PAC Sign Company, Inc., dated 10/18/2001, revised 40/29/2001. Motion Passed. ( Vote 4 ayes, 2 nays ) Audrey’s Gifts and Collectables The proposed sign for Audrey’s Gifts and Collectibles, 8017 Oswego Road is within the zoning requirements. The proposed sign is approximately 8 square feet.

Motion was made by Ferdinand Lepinske, seconded by James Sharpe, to approve the sign application for

Audrey’s Gifts and Collectibles, # 34.028. Motion Passed

Adjournment

Motion was made by James Sharpe, seconded by Ferdinand Lepinske to adjourn the meeting. The meeting

was adjourned at 12:15 AM. Motion Passed.

Respectfully submitted, ary C0ber Meme) 4 Mary Ellen Sims Substitute Planning Board Secretary Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 24th of October, 2001. The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

Attorney Chatfield commented that if this restriction were a condition of site plan, it would be enforceable. It appeared that this was not a condition placed on the site plan approval.

Motion was made by James Keefe, seconded by James Sharpe, to approve the sign application of Video

King, Starbucks Plaza, # 33.999 based on a design by PAC Sign Company, Inc., dated 10/18/2001, revised 40/29/2001. Motion Passed. ( Vote 4 ayes, 2 nays ) Audrey’s Gifts and Collectables The proposed sign for Audrey’s Gifts and Collectibles, 8017 Oswego Road is within the zoning requirements. The proposed sign is approximately 8 square feet.

Motion was made by Ferdinand Lepinske, seconded by James Sharpe, to approve the sign application for

Audrey’s Gifts and Collectibles, # 34.028. Motion Passed

Adjournment

Motion was made by James Sharpe, seconded by Ferdinand Lepinske to adjourn the meeting. The meeting

was adjourned at 12:15 AM. Motion Passed.

Respectfully submitted, ary C0ber Meme) 4 Mary Ellen Sims Substitute Planning Board Secretary Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 24th of October, 2001. The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Scott Chatfield Planning Board Attorney Ron DeTota C & S Engineering David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary \pproval of Minutes

Motion was made by Ferdinand Lepinske, seconded by James Sharpe, to approve the minutes of October 10,

2001 as presented.

Public Hearings:

No new public hearings.

Old Business: Adjourned Hearings

01-5-7 Patrick & Kathryn Hadley (3) Preliminary Plat - Mud Mill Road Robert Burleigh, surveyor and Patrick Hadley were present. Mr. Burleigh provided a survey of the property indicating the two separate lots. The frontage for each lot is 189 4’. It was noted that there is a 16° right of way ingress/egress on either side of the railroad.

A variance was granted by the Zoning Board of Appeals regarding the less than minimum frontage for each of the two lots. The County Planning Board recommended disapproval indicating that the minimum building lines should be upheld.

James Keefe questioned whether or not there would be two driveways. It was noted that Parcel A currently has a driveway and that Parcel B, which, would be owned by the Hadley’s daughter, would eventually have a driveway and a structure on it.

PRESENT: Allen Kovac Chairman

Walter Lepkowski Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Scott Chatfield Planning Board Attorney Ron DeTota C & S Engineering David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary \pproval of Minutes

Motion was made by Ferdinand Lepinske, seconded by James Sharpe, to approve the minutes of October 10,

2001 as presented.

Public Hearings:

No new public hearings.

Old Business: Adjourned Hearings

01-5-7 Patrick & Kathryn Hadley (3) Preliminary Plat - Mud Mill Road Robert Burleigh, surveyor and Patrick Hadley were present. Mr. Burleigh provided a survey of the property indicating the two separate lots. The frontage for each lot is 189 4’. It was noted that there is a 16° right of way ingress/egress on either side of the railroad.

A variance was granted by the Zoning Board of Appeals regarding the less than minimum frontage for each of the two lots. The County Planning Board recommended disapproval indicating that the minimum building lines should be upheld.

James Keefe questioned whether or not there would be two driveways. It was noted that Parcel A currently has a driveway and that Parcel B, which, would be owned by the Hadley’s daughter, would eventually have a driveway and a structure on it.

Ron Detota, C & S Engineering, indicated that Mud Mill Road was a county road not a town road and that 40’ from the centerline of the parcels should be designated to the county in case they ever decided to widen the road.

-1l- Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The survey did note the variance Case #1035.

Chairman Kovac asked if there were any further questions or comments and hearing none, he declared the public hearing closed.

Motion was made by Walter Lepkowski, seconded by James Keefe to adopt a resolution using Standard Form

#10, that for SEQR purposes, case #01-5-7 Patrick and Kathryn Hadley, Preliminary Plat be declared an unlisted action. This action does not involve any other agencies, including the Federal Government. This action will not have any adverse effects on drainage, traffic or other environmental concerns that cannot be mitigated. Motion passed unanimously.

The final survey must comply with the 40’ designation for the County should they decide to widen the road at a later date.

Motion was made by James Keefe, seconded by Karen Guinup adopting a resolution using standard form #40

granting Final plat approval to Patrick and Kathryn Hadley, based upon a map made by Robert Burleigh dated 10/22/01 subject to the following conditions:

1. Grant 40’ easement along Mud Mill Road to the county.

2. Change the title to the Final Plat.

Motion passed 7:0 Ron Detota, C & S Engineering, indicated that Mud Mill Road was a county road not a town road and that 40’ from the centerline of the parcels should be designated to the county in case they ever decided to widen the road.

-1l- Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The survey did note the variance Case #1035.

Chairman Kovac asked if there were any further questions or comments and hearing none, he declared the public hearing closed.

Motion was made by Walter Lepkowski, seconded by James Keefe to adopt a resolution using Standard Form

#10, that for SEQR purposes, case #01-5-7 Patrick and Kathryn Hadley, Preliminary Plat be declared an unlisted action. This action does not involve any other agencies, including the Federal Government. This action will not have any adverse effects on drainage, traffic or other environmental concerns that cannot be mitigated. Motion passed unanimously.

The final survey must comply with the 40’ designation for the County should they decide to widen the road at a later date.

Motion was made by James Keefe, seconded by Karen Guinup adopting a resolution using standard form #40

granting Final plat approval to Patrick and Kathryn Hadley, based upon a map made by Robert Burleigh dated 10/22/01 subject to the following conditions:

1. Grant 40’ easement along Mud Mill Road to the county.

2. Change the title to the Final Plat.

Motion passed 7:0 01-7-1 Doves Eye Enterprises, Inc. (Ashley Landing) (3) Preliminary Plat — north side of Oak Orchard and westerly of Henry Clay Boulevard No one was present and there has been no communication since the last meeting.

Motion was made by Ferdinand Lepinske, seconded by James Sharpe to adjourn this hearing until the next

Planning Board meeting on November 14, 2001. Commissioner Tessier’s office will be contacting the

applicant in the meantime. Motion passed 7:0

Old Business: Hearings'Closed

01-5-01 Tricon Global Restaurants (3) Preliminary Plat — 3877 & 3883 Route 31 01-5-02 Tricon Global Restaurants (3) Site Plan — 3877 & 3833 Route 31 Mr. Joseph Jerry was present. He indicated that Tricon had received an offer from COR, LLC to rent space from them. It was Mr. Jerry’s understanding that Tricon was looking into this offer and may be withdrawing their applications to the Planning Board.

Mr. Jerry requested adjournment of these hearings until the November 14, 2001 Planning Board meeting.

Motion was made by James Sharpe, seconded by Bruce Johnson to adjourn these hearings until the next

Planning Board Meeting, which will be held on November 14, 2001. Motion passed 7:0 1-5-3 Barbet Development Corp. (3) Preliminary Plat — Fairway East Extension No. 2 and No. 3 and Streamwood Extension No. 1 — west side of Morgan Road, south of Route 481 and north of Fairway East. Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED 01-7-1 Doves Eye Enterprises, Inc. (Ashley Landing) (3) Preliminary Plat — north side of Oak Orchard and westerly of Henry Clay Boulevard No one was present and there has been no communication since the last meeting.

Motion was made by Ferdinand Lepinske, seconded by James Sharpe to adjourn this hearing until the next

Planning Board meeting on November 14, 2001. Commissioner Tessier’s office will be contacting the

applicant in the meantime. Motion passed 7:0

Old Business: Hearings'Closed

01-5-01 Tricon Global Restaurants (3) Preliminary Plat — 3877 & 3883 Route 31 01-5-02 Tricon Global Restaurants (3) Site Plan — 3877 & 3833 Route 31 Mr. Joseph Jerry was present. He indicated that Tricon had received an offer from COR, LLC to rent space from them. It was Mr. Jerry’s understanding that Tricon was looking into this offer and may be withdrawing their applications to the Planning Board.

Mr. Jerry requested adjournment of these hearings until the November 14, 2001 Planning Board meeting.

Motion was made by James Sharpe, seconded by Bruce Johnson to adjourn these hearings until the next

Planning Board Meeting, which will be held on November 14, 2001. Motion passed 7:0 1-5-3 Barbet Development Corp. (3) Preliminary Plat — Fairway East Extension No. 2 and No. 3 and Streamwood Extension No. 1 — west side of Morgan Road, south of Route 481 and north of Fairway East. Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED Chairman Kovac reiterated that the public hearing was closed and that this discussion was strictly for the Planning Board to discuss the street configurations. There would be no comments or questions from the public. Chairman Kovac also noted that he, as well as the other Planning Board members, had received numerous letters from the residents and that their concerns were being reviewed and addressed. He noted the following letters as being received and the date of the letter.

Cheryl Keene dated 10/15/01 Joe Murman dated 10/18/01 Sharon Michaels dated 10/18/01 Steve Rubacky dated 10/19/01 Gary Collison dated 10/24/01 A tendition of the preliminary plat was displayed. Commissioner Tessier outlined Morgan Road and Soule Road to establish the “boundaries” involving the Fairway East and Streamwood developments. Commissioner Tessier indicated that he was working with the Planning Board to facilitate various ideas and options. It was noted that the Town Board had made the zone change and it was up to the Planning Board to try to work out an acceptable solution for the road.

The proposal for this development would include approximately 80 new homes. One parcel would consist of 37 lots, another 35 lots and the last, being in Streamwood, would consist of 8 lots. Chairman Kovac reiterated that the public hearing was closed and that this discussion was strictly for the Planning Board to discuss the street configurations. There would be no comments or questions from the public. Chairman Kovac also noted that he, as well as the other Planning Board members, had received numerous letters from the residents and that their concerns were being reviewed and addressed. He noted the following letters as being received and the date of the letter.

Cheryl Keene dated 10/15/01 Joe Murman dated 10/18/01 Sharon Michaels dated 10/18/01 Steve Rubacky dated 10/19/01 Gary Collison dated 10/24/01 A tendition of the preliminary plat was displayed. Commissioner Tessier outlined Morgan Road and Soule Road to establish the “boundaries” involving the Fairway East and Streamwood developments. Commissioner Tessier indicated that he was working with the Planning Board to facilitate various ideas and options. It was noted that the Town Board had made the zone change and it was up to the Planning Board to try to work out an acceptable solution for the road.

The proposal for this development would include approximately 80 new homes. One parcel would consist of 37 lots, another 35 lots and the last, being in Streamwood, would consist of 8 lots. Various options were discussed and included:

Option #1 Extension of Dayton Drive to Coconut Tree Drive Option #2 Road proposed to extend through Streamwood Option #3 Road to extend through to Sampan. This would entail conditioning the development of a stub street to facilitate this option since this area will not be developed for another 2-3 years).

Option #4 Eliminate road (area) between proposed parcel including 35 houses and parcel with 37 houses (This would require a combination of #1, #2, and/or #3, above) Option #5 Dayton Drive, go south and omit attachment to Coconut Tree Drive Option #6 Develop two distinct roads of traffic (two one way roads) with runover curbs for emergency vehicles to use if needed. (This would eliminate the need for #1, #2 or #3) Option #7 As proposed by applicant to Planning Board originally with no emergency vehicle dual access.

After reviewing all of the options the following issues were noted.

Option #1 The emergency vehicles would have a difficulty time in maneuvering the 90 degree turn that was proposed. Ron Detota indicated that the town has standards for town road and that there are minimum turning radii. These are necessary so that all vehicles would have the ability to navigate all turns without causing multiple accidents. It was noted that the current curve on Coconut Tree Drive is of greater concern than the one proposed.

Option #3 Is not feasible as the area to be developed would not be done for at least 2-3 years. Various options were discussed and included:

Option #1 Extension of Dayton Drive to Coconut Tree Drive Option #2 Road proposed to extend through Streamwood Option #3 Road to extend through to Sampan. This would entail conditioning the development of a stub street to facilitate this option since this area will not be developed for another 2-3 years).

Option #4 Eliminate road (area) between proposed parcel including 35 houses and parcel with 37 houses (This would require a combination of #1, #2, and/or #3, above) Option #5 Dayton Drive, go south and omit attachment to Coconut Tree Drive Option #6 Develop two distinct roads of traffic (two one way roads) with runover curbs for emergency vehicles to use if needed. (This would eliminate the need for #1, #2 or #3) Option #7 As proposed by applicant to Planning Board originally with no emergency vehicle dual access.

After reviewing all of the options the following issues were noted.

Option #1 The emergency vehicles would have a difficulty time in maneuvering the 90 degree turn that was proposed. Ron Detota indicated that the town has standards for town road and that there are minimum turning radii. These are necessary so that all vehicles would have the ability to navigate all turns without causing multiple accidents. It was noted that the current curve on Coconut Tree Drive is of greater concern than the one proposed.

Option #3 Is not feasible as the area to be developed would not be done for at least 2-3 years. Option #4 This would eliminate the culvert that was proposed to allow for walking from one area to another in the open space. This option would also cause issues with drainage. Option #5 This would not be recommended from an engineering standpoint due to crossing of wetlands and issues with drainage.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED Option #6 Ron Detota was asked whether or not this was a “doable” option. He indicated the toad would have to extend from intersection to intersection. The road would need to be built to accommodate the Fire Department vehicles (heavier weight). It would basically be a one lane road but a bit wider to accommodate the larger vehicles. This would be “doable” however, the cost may be excessive to the developer. They would have to do research to decide on feasibility. Bob Michelson from the Moyer’s Corner Fire Department was present and Commissioner Tessier asked that he be able to speak in regards to the Fire Department issues. Mr. Michelson indicated that in regards to Option #6 the road would have to go from intersection to intersection and the Fire Department cannot drive on lawns due to the weight of the apparatus and the fact that the yards cannot support that weight. Option #4 This would eliminate the culvert that was proposed to allow for walking from one area to another in the open space. This option would also cause issues with drainage. Option #5 This would not be recommended from an engineering standpoint due to crossing of wetlands and issues with drainage.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED Option #6 Ron Detota was asked whether or not this was a “doable” option. He indicated the toad would have to extend from intersection to intersection. The road would need to be built to accommodate the Fire Department vehicles (heavier weight). It would basically be a one lane road but a bit wider to accommodate the larger vehicles. This would be “doable” however, the cost may be excessive to the developer. They would have to do research to decide on feasibility. Bob Michelson from the Moyer’s Corner Fire Department was present and Commissioner Tessier asked that he be able to speak in regards to the Fire Department issues. Mr. Michelson indicated that in regards to Option #6 the road would have to go from intersection to intersection and the Fire Department cannot drive on lawns due to the weight of the apparatus and the fact that the yards cannot support that weight. Chairman Kovac indicated that he would like the Planning Board to narrow down the options so that they could give the developer some ideas on what they would like to see him work on to provide a revised plat. The developer can then work with Ron Detota to come up with a feasible plan.

After much discussion, the options chosen were: Option 1, 2, 3 and 4 (as one proposal) and Option 6. Chairman Kovac asked that a vote be taken regarding each. It was noted that for Option #1, 2,3 and 4, James Sharpe, James Keefe and Ferdinand Lepinske were in favor of. Option #6, Al Kovac, Karen Guinup and Walter Lepkowski, Bruce Johnson were in favor of.

“hairman Kovac asked the developer if Option #6 was feasible and he indicated that he would have to do some research into it. He requested the opportunity to do research and work with C & S$ Engineering to see if it would work.

Motion was made by James Keefe, seconded by Ferdinand Lepinske to vote on SEQR.

Having heard no more questions, a motion was made by James Keefe to adopt the Town Board findings in

FEIS, seconded by Ferdinand Lepinske. Motion passed 6:0 Walter Lepkowski abstained, as he would like to review FEIS prior to making a SEQR determination. This item was adjourned to the next Planning Board Meeting on November 14, 2001. 01-9-1 Eldan Homes Inc. (1) Revised Preliminary Plat — Streamwood Townhouses, Section B — on Sandbar Lane, east of Streamwood Drive Chairman Kovac indicated that he would like the Planning Board to narrow down the options so that they could give the developer some ideas on what they would like to see him work on to provide a revised plat. The developer can then work with Ron Detota to come up with a feasible plan.

After much discussion, the options chosen were: Option 1, 2, 3 and 4 (as one proposal) and Option 6. Chairman Kovac asked that a vote be taken regarding each. It was noted that for Option #1, 2,3 and 4, James Sharpe, James Keefe and Ferdinand Lepinske were in favor of. Option #6, Al Kovac, Karen Guinup and Walter Lepkowski, Bruce Johnson were in favor of.

“hairman Kovac asked the developer if Option #6 was feasible and he indicated that he would have to do some research into it. He requested the opportunity to do research and work with C & S$ Engineering to see if it would work.

Motion was made by James Keefe, seconded by Ferdinand Lepinske to vote on SEQR.

Having heard no more questions, a motion was made by James Keefe to adopt the Town Board findings in

FEIS, seconded by Ferdinand Lepinske. Motion passed 6:0 Walter Lepkowski abstained, as he would like to review FEIS prior to making a SEQR determination. This item was adjourned to the next Planning Board Meeting on November 14, 2001. 01-9-1 Eldan Homes Inc. (1) Revised Preliminary Plat — Streamwood Townhouses, Section B — on Sandbar Lane, east of Streamwood Drive Dan Barnaba, President of Eldan Homes, was present to present the amended plan. It was noted that at the last Planning Board meeting of 10/10/01 he was requesting a revision from Townhouses to Patio Homes. He was also requesting an amendment to the previously proposed drainage sites. The request was to narrow the drainage easements.

There was further discussion regarding the proposed Home Owner’s Association. Mr. Barnaba is requesting approval for preliminary plat so that they can move into the next step of grading, utility acceptance, etc. and then onto final approval.

-4.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED st was noted that on the preliminary plat presented no property lines were indicated. Scott Chatfield indicated that in order for a preliminary plat to be approved, property lines would need to be established and indicated. Since this was not done, it was felt that no decision could be made on this item. Mr. Barnaba requested adjournment until the next Planning Board Meeting to be held on November 14, 2001 at which time he would have the necessary changes to present again for approval.

Motion was made by Ferdinand Lepinske, seconded by Karen Guinup to adjourn this hearing to the November

14, 2001 Meeting. Motion passed.

New Business:

01-7-2 Kelly-Tobin Development Corp., Lawton Valley Hunt, Sec. No. 5 — Final Plat Dan Barnaba, President of Eldan Homes, was present to present the amended plan. It was noted that at the last Planning Board meeting of 10/10/01 he was requesting a revision from Townhouses to Patio Homes. He was also requesting an amendment to the previously proposed drainage sites. The request was to narrow the drainage easements.

There was further discussion regarding the proposed Home Owner’s Association. Mr. Barnaba is requesting approval for preliminary plat so that they can move into the next step of grading, utility acceptance, etc. and then onto final approval.

-4.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED st was noted that on the preliminary plat presented no property lines were indicated. Scott Chatfield indicated that in order for a preliminary plat to be approved, property lines would need to be established and indicated. Since this was not done, it was felt that no decision could be made on this item. Mr. Barnaba requested adjournment until the next Planning Board Meeting to be held on November 14, 2001 at which time he would have the necessary changes to present again for approval.

Motion was made by Ferdinand Lepinske, seconded by Karen Guinup to adjourn this hearing to the November

14, 2001 Meeting. Motion passed.

New Business:

01-7-2 Kelly-Tobin Development Corp., Lawton Valley Hunt, Sec. No. 5 — Final Plat Ron Detota, C & S Engineering, presented on behalf of Nick Ianuzzi who was in a car accident and was recovering from surgery. The applicant is requesting subdivison for 31 lots. The Town Board has accepted the utilities and now the applicants are seeking approval of Final Plat from the Planning Board.

Motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using standard form #40

granting Final Plat approval to Kelly-Tobin Development Corp., Lawton Valley, Section No. 5, based upon a map made by N. Ianuzzi, file #1774.004 dated 03/30/01; latest revision 08/14/01, subject to the following conditions:

1. Legal and engineering approval.

Motion passed 7:0 Informal Discussion:

Commissioner Tessier had a request form the zoning Board of Appeals to look at a special permit application from Goodrich Auction Services. The Zoning Board of Appeals is looking for some guidance from the Planning Board regarding the operation of an auction service. The applicant currently has a permit for an antique store. The Zoning Board has issues with the number of parking spaces and the access to and from the site.

Julian Clark, from Plumley engineering and Mr. and Mrs. Goodrich were present to discuss these issues. It was noted that both the County DOT and State DOT are satisfied with the 30°, 27’ and 25” driveways shown. Route 31 currently has a building set back of 135” and 90’ to parking. The applicant is currently in compliance with that.

Ron Detota, C & S Engineering, presented on behalf of Nick Ianuzzi who was in a car accident and was recovering from surgery. The applicant is requesting subdivison for 31 lots. The Town Board has accepted the utilities and now the applicants are seeking approval of Final Plat from the Planning Board.

Motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using standard form #40

granting Final Plat approval to Kelly-Tobin Development Corp., Lawton Valley, Section No. 5, based upon a map made by N. Ianuzzi, file #1774.004 dated 03/30/01; latest revision 08/14/01, subject to the following conditions:

1. Legal and engineering approval.

Motion passed 7:0 Informal Discussion:

Commissioner Tessier had a request form the zoning Board of Appeals to look at a special permit application from Goodrich Auction Services. The Zoning Board of Appeals is looking for some guidance from the Planning Board regarding the operation of an auction service. The applicant currently has a permit for an antique store. The Zoning Board has issues with the number of parking spaces and the access to and from the site.

Julian Clark, from Plumley engineering and Mr. and Mrs. Goodrich were present to discuss these issues. It was noted that both the County DOT and State DOT are satisfied with the 30°, 27’ and 25” driveways shown. Route 31 currently has a building set back of 135” and 90’ to parking. The applicant is currently in compliance with that.

Mr. and Mrs. Goodrich have been working with the Town of Clay Planning and Development Office and it was noted that they are comfortable with the stated 89 parking spots that are available and the inside seating area to accommodate 100 people.

The current zoning in this area is C-5.

Based on the three buildings currently in the C-5 zone, parking requirements would be 121 spaces. There isa zravel area behind the building that could be used for additional parking. Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The Zoning Board of Appeals is looking for the Planning Board to make comments as to what kinds of items they should be including for site plan..

Comments: Number of parking spaces should be 121 marked parking spaces.

Driveways as required by Onondaga County DOT on Henry Clay Blvd. and NYS DOT on Route 31.

These comments will be given to the Zoning board of Appeals via Commissioner Tessier and/or the Planning Board minutes from this meeting, 10/24/01.

Chairman Kovac asked whether the ZBA was looking for a formal recommendation or just comments. Formal comment was made by Walter Lepkowski that the plan submitted looks adequate provided it is amended to show 121 parking spaces and noting that the Planning Board is neither advocating or not advocating that the special permit be approved.

Signs:

Tricon Global Restaurants — KFC and A & W Adjournment to the next Planning Board meeting of November 14, 2001.

Mr. and Mrs. Goodrich have been working with the Town of Clay Planning and Development Office and it was noted that they are comfortable with the stated 89 parking spots that are available and the inside seating area to accommodate 100 people.

The current zoning in this area is C-5.

Based on the three buildings currently in the C-5 zone, parking requirements would be 121 spaces. There isa zravel area behind the building that could be used for additional parking. Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The Zoning Board of Appeals is looking for the Planning Board to make comments as to what kinds of items they should be including for site plan..

Comments: Number of parking spaces should be 121 marked parking spaces.

Driveways as required by Onondaga County DOT on Henry Clay Blvd. and NYS DOT on Route 31.

These comments will be given to the Zoning board of Appeals via Commissioner Tessier and/or the Planning Board minutes from this meeting, 10/24/01.

Chairman Kovac asked whether the ZBA was looking for a formal recommendation or just comments. Formal comment was made by Walter Lepkowski that the plan submitted looks adequate provided it is amended to show 121 parking spaces and noting that the Planning Board is neither advocating or not advocating that the special permit be approved.

Signs:

Tricon Global Restaurants — KFC and A & W Adjournment to the next Planning Board meeting of November 14, 2001.

Video King permit #33,999 Jeff Packard, Packard Sign Co., and Larry Wilson, President of Video King, were present to present the application for a sign that would be located on the building located on Route 57. Currently all signs on the building are done in green. The Video King sign as proposed would be located on the building, and would be within 10% of the section of the building that they would be occupying. The applicant presented a sign that would consist of red and white background with black lettering. It was noted that the color scheme differs from what is currently on the building for the existing occupants. It was also noted that at the time of the original approval for signs on this building, any and all future signs would have to be in accordance with the green/beige color theme and style. This was expressed to the owner of the building at the time of his original request.

Mr. Wilson indicated that the owner/landlord of the building had approved what he was proposing and had provided a letter in which the owner/landlord stated such. It was the owner/landlord’s recommendation that the Planning Board should approve it as well. The Planning Board members again indicated that the owner was aware that any future signs for this structure would have to remain within the same color theme and style as what had previously been approved.

Video King permit #33,999 Jeff Packard, Packard Sign Co., and Larry Wilson, President of Video King, were present to present the application for a sign that would be located on the building located on Route 57. Currently all signs on the building are done in green. The Video King sign as proposed would be located on the building, and would be within 10% of the section of the building that they would be occupying. The applicant presented a sign that would consist of red and white background with black lettering. It was noted that the color scheme differs from what is currently on the building for the existing occupants. It was also noted that at the time of the original approval for signs on this building, any and all future signs would have to be in accordance with the green/beige color theme and style. This was expressed to the owner of the building at the time of his original request.

Mr. Wilson indicated that the owner/landlord of the building had approved what he was proposing and had provided a letter in which the owner/landlord stated such. It was the owner/landlord’s recommendation that the Planning Board should approve it as well. The Planning Board members again indicated that the owner was aware that any future signs for this structure would have to remain within the same color theme and style as what had previously been approved.

Mr. Wilson raised the issue that the surrounding businesses have unique signs and questioned why that was possible and he was “restricted” to the green/beige theme and style. It was stated by the Planning Board members that the surrounding businesses were “free-standing” structures and where Video King was proposing to go it would be going in with other businesses and should be conforming. Viotion was made by Karen Guinup, seconded by James Keefe that the Video King application be denied based on the fact that when the owner originally requested approval he was told that all future signage would have to be conforming.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED Chis particular location has a uniformity in color and size and what was proposed by the applicant for Video King does not comply.

Motion to deny passed 7:0

Adjournment

Motion was made by Bruce Johnson, seconded by James Sharpe to adjourn the meeting. The meeting

adjourned at 11:50 PM. Motion passed.

Respectfully submitted, f Whores Nuwar Susan Beckhusen.

Planning Board Secretary Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 24th of October, 2001. The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

Mr. Wilson raised the issue that the surrounding businesses have unique signs and questioned why that was possible and he was “restricted” to the green/beige theme and style. It was stated by the Planning Board members that the surrounding businesses were “free-standing” structures and where Video King was proposing to go it would be going in with other businesses and should be conforming. Viotion was made by Karen Guinup, seconded by James Keefe that the Video King application be denied based on the fact that when the owner originally requested approval he was told that all future signage would have to be conforming.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED Chis particular location has a uniformity in color and size and what was proposed by the applicant for Video King does not comply.

Motion to deny passed 7:0

Adjournment

Motion was made by Bruce Johnson, seconded by James Sharpe to adjourn the meeting. The meeting

adjourned at 11:50 PM. Motion passed.

Respectfully submitted, f Whores Nuwar Susan Beckhusen.

Planning Board Secretary Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 24th of October, 2001. The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Scott Chatfield Planning Board Attorney Ron DeTota C &S Engineering David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary Approval of Minutes

Motion was made by Ferdinand Lepinske, seconded by James Sharpe, to approve the minutes of October 10,

2001 as presented.

Public Hearings:

No new public hearings.

Old Business: Adjourned Hearings

01-5-7 Patrick & Kathryn Hadley (3) Preliminary Plat - Mud Mill Road Robert Burleigh, surveyor and Patrick Hadley were present. Mr. Burleigh provided a survey of the property indicating the two separate lots. The frontage for each lot is 189 4’. It was noted that there is a 16’ right of way ingress/egress on either side of the railroad.

A variance was granted by the Zoning Board of Appeals regarding the less than minimum frontage for each of the two lots. The County Planning Board recommended disapproval indicating that the minimum building lines should be upheld.

James Keefe questioned whether or not there would be two driveways. It was noted that Parcel A currently has a driveway and that Parcel B, which, would be owned by the Hadley’s daughter, would eventually have a driveway and a structure on it.

PRESENT: Allen Kovac Chairman

Walter Lepkowski Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Scott Chatfield Planning Board Attorney Ron DeTota C &S Engineering David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary Approval of Minutes

Motion was made by Ferdinand Lepinske, seconded by James Sharpe, to approve the minutes of October 10,

2001 as presented.

Public Hearings:

No new public hearings.

Old Business: Adjourned Hearings

01-5-7 Patrick & Kathryn Hadley (3) Preliminary Plat - Mud Mill Road Robert Burleigh, surveyor and Patrick Hadley were present. Mr. Burleigh provided a survey of the property indicating the two separate lots. The frontage for each lot is 189 4’. It was noted that there is a 16’ right of way ingress/egress on either side of the railroad.

A variance was granted by the Zoning Board of Appeals regarding the less than minimum frontage for each of the two lots. The County Planning Board recommended disapproval indicating that the minimum building lines should be upheld.

James Keefe questioned whether or not there would be two driveways. It was noted that Parcel A currently has a driveway and that Parcel B, which, would be owned by the Hadley’s daughter, would eventually have a driveway and a structure on it.

Ron Detota, C & S Engineering, indicated that Mud Mill Road was a county road not a town road and that 40° from the centerline of the parcels should be designated to the county in case they ever decided to widen the road.

-l- Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The survey did note the variance Case #1035.

Chairman Kovac asked if there were any further questions or comments and hearing none, he declared the public hearing closed.

Motion was made by Walter Lepkowski, seconded by James Keefe to adopt a resolution using Standard Form

#10, that for SEQR purposes, case #01-5-7 Patrick and Kathryn Hadley, Preliminary Plat be declared an unlisted action. This action does not involve any other agencies, including the Federal Government. This action will not have any adverse effects on drainage, traffic or other environmental concerns that cannot be mitigated. Motion passed unanimously.

The final survey must comply with the 40’ designation for the County should they decide to widen the road at a later date.

Motion was made by James Keefe, seconded by Karen Guinup adopting a resolution using standard form #40

granting Final plat approval to Patrick and Kathryn Hadley, based upon a map made by Robert Burleigh dated 10/22/01 subject to the following conditions:

1. Grant 40’ easement along Mud Mill Road to the county.

2. Change the title to the Final Plat.

‘Aotion passed 7:0 Ron Detota, C & S Engineering, indicated that Mud Mill Road was a county road not a town road and that 40° from the centerline of the parcels should be designated to the county in case they ever decided to widen the road.

-l- Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The survey did note the variance Case #1035.

Chairman Kovac asked if there were any further questions or comments and hearing none, he declared the public hearing closed.

Motion was made by Walter Lepkowski, seconded by James Keefe to adopt a resolution using Standard Form

#10, that for SEQR purposes, case #01-5-7 Patrick and Kathryn Hadley, Preliminary Plat be declared an unlisted action. This action does not involve any other agencies, including the Federal Government. This action will not have any adverse effects on drainage, traffic or other environmental concerns that cannot be mitigated. Motion passed unanimously.

The final survey must comply with the 40’ designation for the County should they decide to widen the road at a later date.

Motion was made by James Keefe, seconded by Karen Guinup adopting a resolution using standard form #40

granting Final plat approval to Patrick and Kathryn Hadley, based upon a map made by Robert Burleigh dated 10/22/01 subject to the following conditions:

1. Grant 40’ easement along Mud Mill Road to the county.

2. Change the title to the Final Plat.

‘Aotion passed 7:0 01-7-1 Doves Eye Enterprises, Inc. (Ashley Landing) (3) Preliminary Plat — north side of Oak Orchard and westerly of Henry Clay Boulevard No one was present and there has been no communication since the last meeting.

Motion was made by Ferdinand Lepinske, seconded by James Sharpe to adjourn this hearing until the next

Planning Board meeting on November 14, 2001. Commissioner Tessier’s office will be contacting the

applicant in the meantime. Motion passed 7:0

Old Business: Hearings Closed

01-5-01 Tricon Global Restaurants (3) Preliminary Plat — 3877 & 3883 Route 31 01-5-02 Tricon Global Restaurants (3) Site Plan — 3877 & 3833 Route 31 Mr. Joseph Jerry was present. He indicated that Tricon had received an offer from COR, LLC to rent space from them. It was Mr. Jerry’s understanding that Tricon was looking into this offer and may be withdrawing their applications to the Planning Board.

Mr. Jerry requested adjournment of these hearings until the November 14, 2001 Planning Board meeting.

Motion was made by James Sharpe, seconded by Bruce Johnson to adjourn these hearings until the next

Planning Board Meeting, which will be held on November 14, 2001. Motion passed 7:0 01-5-3 Barbet Development Corp. (3) Preliminary Plat — Fairway East Extension No. 2 and No. 3 and Streamwood Extension No. 1 — west side of Morgan Road, south of Route 481 and north of Fairway East. Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED 01-7-1 Doves Eye Enterprises, Inc. (Ashley Landing) (3) Preliminary Plat — north side of Oak Orchard and westerly of Henry Clay Boulevard No one was present and there has been no communication since the last meeting.

Motion was made by Ferdinand Lepinske, seconded by James Sharpe to adjourn this hearing until the next

Planning Board meeting on November 14, 2001. Commissioner Tessier’s office will be contacting the

applicant in the meantime. Motion passed 7:0

Old Business: Hearings Closed

01-5-01 Tricon Global Restaurants (3) Preliminary Plat — 3877 & 3883 Route 31 01-5-02 Tricon Global Restaurants (3) Site Plan — 3877 & 3833 Route 31 Mr. Joseph Jerry was present. He indicated that Tricon had received an offer from COR, LLC to rent space from them. It was Mr. Jerry’s understanding that Tricon was looking into this offer and may be withdrawing their applications to the Planning Board.

Mr. Jerry requested adjournment of these hearings until the November 14, 2001 Planning Board meeting.

Motion was made by James Sharpe, seconded by Bruce Johnson to adjourn these hearings until the next

Planning Board Meeting, which will be held on November 14, 2001. Motion passed 7:0 01-5-3 Barbet Development Corp. (3) Preliminary Plat — Fairway East Extension No. 2 and No. 3 and Streamwood Extension No. 1 — west side of Morgan Road, south of Route 481 and north of Fairway East. Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED Chairman Kovac reiterated that the public hearing was closed and that this discussion was strictly for the Planning Board to discuss the street configurations. There would be no comments or questions from the public. Chairman Kovac also noted that he, as well as the other Planning Board members, had received numerous letters from the residents and that their concerns were being reviewed and addressed. He noted the following letters as being received and the date of the letter.

Cheryl Keene dated 10/15/01 Joe Murman dated 10/18/01 Sharon Michaels dated 10/18/01 Steve Rubacky dated 10/19/01 Gary Collison dated 10/24/01 A rendition of the preliminary plat was displayed. Commissioner Tessier outlined Morgan Road and Soule Road to establish the “boundaries” involving the Fairway East and Streamwood developments. Commissioner Tessier indicated that he was working with the Planning Board to facilitate various ideas and options. It was noted that the Town Board had made the zone change and it was up to the Planning Board to try to work out an acceptable solution for the road.

The proposal for this development would include approximately 80 new homes. One parcel would consist of 37 lots, another 35 lots and the last, being in Streamwood, would consist of 8 lots. Chairman Kovac reiterated that the public hearing was closed and that this discussion was strictly for the Planning Board to discuss the street configurations. There would be no comments or questions from the public. Chairman Kovac also noted that he, as well as the other Planning Board members, had received numerous letters from the residents and that their concerns were being reviewed and addressed. He noted the following letters as being received and the date of the letter.

Cheryl Keene dated 10/15/01 Joe Murman dated 10/18/01 Sharon Michaels dated 10/18/01 Steve Rubacky dated 10/19/01 Gary Collison dated 10/24/01 A rendition of the preliminary plat was displayed. Commissioner Tessier outlined Morgan Road and Soule Road to establish the “boundaries” involving the Fairway East and Streamwood developments. Commissioner Tessier indicated that he was working with the Planning Board to facilitate various ideas and options. It was noted that the Town Board had made the zone change and it was up to the Planning Board to try to work out an acceptable solution for the road.

The proposal for this development would include approximately 80 new homes. One parcel would consist of 37 lots, another 35 lots and the last, being in Streamwood, would consist of 8 lots. Various options were discussed and included:

Option #1 Extension of Dayton Drive to Coconut Tree Drive Option #2 Road proposed to extend through Streamwood Option #3 Road to extend through to Sampan. This would entail conditioning the development of a stub street to facilitate this option since this area will not be developed for another 2-3 years).

Option #4 Eliminate road (area) between proposed parcel including 35 houses and parcel with 37 houses (This would require a combination of #1, #2, and/or #3, above) Option #5 Dayton Drive, go south and omit attachment to Coconut Tree Drive Option #6 Develop two distinct roads of traffic (two one way roads) with runover curbs for emergency vehicles to use if needed. (This would eliminate the need for #1, #2 or #3) Option #7 As proposed by applicant to Planning Board originally with no emergency vehicle dual access.

Various options were discussed and included:

Option #1 Extension of Dayton Drive to Coconut Tree Drive Option #2 Road proposed to extend through Streamwood Option #3 Road to extend through to Sampan. This would entail conditioning the development of a stub street to facilitate this option since this area will not be developed for another 2-3 years).

Option #4 Eliminate road (area) between proposed parcel including 35 houses and parcel with 37 houses (This would require a combination of #1, #2, and/or #3, above) Option #5 Dayton Drive, go south and omit attachment to Coconut Tree Drive Option #6 Develop two distinct roads of traffic (two one way roads) with runover curbs for emergency vehicles to use if needed. (This would eliminate the need for #1, #2 or #3) Option #7 As proposed by applicant to Planning Board originally with no emergency vehicle dual access.

After reviewing all of the options the following issues were noted.

Option #1 The emergency vehicles would have a difficulty time in maneuvering the 90 degree turn that was proposed. Ron Detota indicated that the town has standards for town road and that there are minimum turning radii. These are necessary so that all vehicles would have the ability to navigate all turns without causing multiple accidents. It was noted that the current curve on Coconut Tree Drive is of greater concern than the one proposed.

Option #3 Is not feasible as the area to be developed would not be done for at least 2-3 years. Option #4 This would eliminate the culvert that was proposed to allow for walking from one area to another in the open space. This option would also cause issues with drainage. Option #5 This would not be recommended from an engineering standpoint due to crossing of wetlands and issues with drainage.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED Option #6 Ron Detota was asked whether or not this was a “doable” option. He indicated the road would have to extend from intersection to intersection. The road would need to be built to accommodate the Fire Department vehicles (heavier weight). It would basically be a one lane road but a bit wider to accommodate the larger vehicles. This would be “doable” however, the cost may be excessive to the developer. They would have to do research to decide on feasibility. After reviewing all of the options the following issues were noted.

Option #1 The emergency vehicles would have a difficulty time in maneuvering the 90 degree turn that was proposed. Ron Detota indicated that the town has standards for town road and that there are minimum turning radii. These are necessary so that all vehicles would have the ability to navigate all turns without causing multiple accidents. It was noted that the current curve on Coconut Tree Drive is of greater concern than the one proposed.

Option #3 Is not feasible as the area to be developed would not be done for at least 2-3 years. Option #4 This would eliminate the culvert that was proposed to allow for walking from one area to another in the open space. This option would also cause issues with drainage. Option #5 This would not be recommended from an engineering standpoint due to crossing of wetlands and issues with drainage.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED Option #6 Ron Detota was asked whether or not this was a “doable” option. He indicated the road would have to extend from intersection to intersection. The road would need to be built to accommodate the Fire Department vehicles (heavier weight). It would basically be a one lane road but a bit wider to accommodate the larger vehicles. This would be “doable” however, the cost may be excessive to the developer. They would have to do research to decide on feasibility. Bob Michelson from the Moyer’s Corner Fire Department was present and Commissioner Tessier asked that he be able to speak in regards to the Fire Department issues. Mr. Michelson indicated that in regards to Option #6 the road would have to go from intersection to intersection and the Fire Department cannot drive on lawns due to the weight of the apparatus and the fact that the yards cannot support that weight. Chairman Kovac indicated that he would like the Planning Board to narrow down the options so that they could give the developer some ideas on what they would like to see him work on to provide a revised plat. The developer can then work with Ron Detota to come up with a feasible plan.

After much discussion, the options chosen were: Option 1, 2, 3 and 4 (as one proposal) and Option 6. Chairman Kovac asked that a vote be taken regarding each. It was noted that for Option #1, 2,3 and 4, James Sharpe, James Keefe and Ferdinand Lepinske were in favor of. Option #6, Al Kovac, Karen Guinup and Walter Lepkowski, Bruce Johnson were in favor of.

Chairman Kovac asked the developer if Option #6 was feasible and he indicated that he would have to do some research into it. He requested the opportunity to do research and work with C & S Engineering to see if it would work.

Motion was made by James Keefe, seconded by Ferdinand Lepinske to vote on SEQR.

Bob Michelson from the Moyer’s Corner Fire Department was present and Commissioner Tessier asked that he be able to speak in regards to the Fire Department issues. Mr. Michelson indicated that in regards to Option #6 the road would have to go from intersection to intersection and the Fire Department cannot drive on lawns due to the weight of the apparatus and the fact that the yards cannot support that weight. Chairman Kovac indicated that he would like the Planning Board to narrow down the options so that they could give the developer some ideas on what they would like to see him work on to provide a revised plat. The developer can then work with Ron Detota to come up with a feasible plan.

After much discussion, the options chosen were: Option 1, 2, 3 and 4 (as one proposal) and Option 6. Chairman Kovac asked that a vote be taken regarding each. It was noted that for Option #1, 2,3 and 4, James Sharpe, James Keefe and Ferdinand Lepinske were in favor of. Option #6, Al Kovac, Karen Guinup and Walter Lepkowski, Bruce Johnson were in favor of.

Chairman Kovac asked the developer if Option #6 was feasible and he indicated that he would have to do some research into it. He requested the opportunity to do research and work with C & S Engineering to see if it would work.

Motion was made by James Keefe, seconded by Ferdinand Lepinske to vote on SEQR.

Having heard no more questions, a motion was made by James Keefe to adopt the Town Board findings in

FEIS, seconded by Ferdinand Lepinske. Motion passed 6:0 Walter Lepkowski abstained, as he would like to review FEIS prior to making a SEQR determination. This item was adjourned to the next Planning Board Meeting on November 14, 2001. 01-9-1 Eldan Homes Inc. (1) Revised Preliminary Plat — Streamwood Townhouses, Section B — on Sandbar Lane, east of Streamwood Drive Dan Barnaba, President of Eldan Homes, was present to present the amended plan. It was noted that at the last Planning Board meeting of 10/10/01 he was requesting a revision from Townhouses to Patio Homes. He was also requesting an amendment to the previously proposed drainage sites. The request was to narrow the drainage easements.

There was further discussion regarding the proposed Home Owner’s Association. Mr. Barnaba is requesting approval for preliminary plat so that they can move into the next step of grading, utility acceptance, etc. and then onto final approval.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED It was noted that on the preliminary plat presented no property lines were indicated. Scott Chatfield indicated that in order for a preliminary plat to be approved, property lines would need to be established and indicated. Since this was not done, it was felt that no decision could be made on this item.

Having heard no more questions, a motion was made by James Keefe to adopt the Town Board findings in

FEIS, seconded by Ferdinand Lepinske. Motion passed 6:0 Walter Lepkowski abstained, as he would like to review FEIS prior to making a SEQR determination. This item was adjourned to the next Planning Board Meeting on November 14, 2001. 01-9-1 Eldan Homes Inc. (1) Revised Preliminary Plat — Streamwood Townhouses, Section B — on Sandbar Lane, east of Streamwood Drive Dan Barnaba, President of Eldan Homes, was present to present the amended plan. It was noted that at the last Planning Board meeting of 10/10/01 he was requesting a revision from Townhouses to Patio Homes. He was also requesting an amendment to the previously proposed drainage sites. The request was to narrow the drainage easements.

There was further discussion regarding the proposed Home Owner’s Association. Mr. Barnaba is requesting approval for preliminary plat so that they can move into the next step of grading, utility acceptance, etc. and then onto final approval.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED It was noted that on the preliminary plat presented no property lines were indicated. Scott Chatfield indicated that in order for a preliminary plat to be approved, property lines would need to be established and indicated. Since this was not done, it was felt that no decision could be made on this item. Mr. Barnaba requested adjournment until the next Planning Board Meeting to be held on November 14, 2001 at which time he would have the necessary changes to present again for approval.

Motion was made by Ferdinand Lepinske, seconded by Karen Guinup to adjourn this hearing to the November

14, 2001 Meeting. Motion passed.

New Business:

01-7-2 Kelly-Tobin Development Corp., Lawton Valley Hunt, Sec. No. 5 — Final Plat Ron Detota, C & S Engineering, presented on behalf of Nick Ianuzzi who was in a car accident and was recovering from surgery. The applicant is requesting subdivison for 31 lots. The Town Board has accepted the utilities and now the applicants are seeking approval of Final Plat from the Planning Board.

Motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using standard form #40

granting Final Plat approval to Kelly-Tobin Development Corp., Lawton Valley, Section No. 5, based upon a map made by N. Januzzi, file #1774.004 dated 03/30/01; latest revision 08/14/01, subject to the following conditions:

1. Legal and engineering approval.

Motion passed 7:0 Informal Discussion:

Mr. Barnaba requested adjournment until the next Planning Board Meeting to be held on November 14, 2001 at which time he would have the necessary changes to present again for approval.

Motion was made by Ferdinand Lepinske, seconded by Karen Guinup to adjourn this hearing to the November

14, 2001 Meeting. Motion passed.

New Business:

01-7-2 Kelly-Tobin Development Corp., Lawton Valley Hunt, Sec. No. 5 — Final Plat Ron Detota, C & S Engineering, presented on behalf of Nick Ianuzzi who was in a car accident and was recovering from surgery. The applicant is requesting subdivison for 31 lots. The Town Board has accepted the utilities and now the applicants are seeking approval of Final Plat from the Planning Board.

Motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using standard form #40

granting Final Plat approval to Kelly-Tobin Development Corp., Lawton Valley, Section No. 5, based upon a map made by N. Januzzi, file #1774.004 dated 03/30/01; latest revision 08/14/01, subject to the following conditions:

1. Legal and engineering approval.

Motion passed 7:0 Informal Discussion:

Commissioner Tessier had a request form the zoning Board of Appeals to look at a special permit application from Goodrich Auction Services. The Zoning Board of Appeals is looking for some guidance from the Planning Board regarding the operation of an auction service. The applicant currently has a permit for an antique store. The Zoning Board has issues with the number of parking spaces and the access to and from the site.

Julian Clark, from Plumley engineering and Mr. and Mrs. Goodrich were present to discuss these issues. It was noted that both the County DOT and State DOT are satisfied with the 30’, 27’ and 25’ driveways shown. Route 31 currently has a building set back of 135’ and 90’ to parking. The applicant is currently in compliance with that.

Mr. and Mrs. Goodrich have been working with the Town of Clay Planning and Development Office and it was noted that they are comfortable with the stated 89 parking spots that are available and the inside seating area to accommodate 100 people.

The current zoning in this area is C-5.

3ased on the three buildings currently in the C-5 zone, parking requirements would be 121 spaces. There is a gravel area behind the building that could be used for additional parking. Commissioner Tessier had a request form the zoning Board of Appeals to look at a special permit application from Goodrich Auction Services. The Zoning Board of Appeals is looking for some guidance from the Planning Board regarding the operation of an auction service. The applicant currently has a permit for an antique store. The Zoning Board has issues with the number of parking spaces and the access to and from the site.

Julian Clark, from Plumley engineering and Mr. and Mrs. Goodrich were present to discuss these issues. It was noted that both the County DOT and State DOT are satisfied with the 30’, 27’ and 25’ driveways shown. Route 31 currently has a building set back of 135’ and 90’ to parking. The applicant is currently in compliance with that.

Mr. and Mrs. Goodrich have been working with the Town of Clay Planning and Development Office and it was noted that they are comfortable with the stated 89 parking spots that are available and the inside seating area to accommodate 100 people.

The current zoning in this area is C-5.

3ased on the three buildings currently in the C-5 zone, parking requirements would be 121 spaces. There is a gravel area behind the building that could be used for additional parking. Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The Zoning Board of Appeals is looking for the Planning Board to make comments as to what kinds of items they should be including for site plan..

Comments: Number of parking spaces should be 121 marked parking spaces.

Driveways as required by Onondaga County DOT on Henry Clay Blvd. and NYS DOT on Route 31.

These comments will be given to the Zoning board of Appeals via Commissioner Tessier and/or the Planning Board minutes from this meeting, 10/24/01.

Chairman Kovac asked whether the ZBA was looking for a formal recommendation or just comments. Formal comment was made by Walter Lepkowski that the plan submitted looks adequate provided it is amended to show 121 parking spaces and noting that the Planning Board is neither advocating or not advocating that the special permit be approved.

Signs:

Tricon Global Restaurants — KFC and A & W Adjournment to the next Planning Board meeting of November 14, 2001.

Video King permit #33,999 Jeff Packard, Packard Sign Co., and Larry Wilson, President of Video King, were present to present the pplication for a sign that would be located on the building located on Route 57. Currently all signs on the building are done in green. The Video King sign as proposed would be located on the building, and would be within 10% of the section of the building that they would be occupying. The applicant presented a sign that would consist of red and white background with black lettering. Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED The Zoning Board of Appeals is looking for the Planning Board to make comments as to what kinds of items they should be including for site plan..

Comments: Number of parking spaces should be 121 marked parking spaces.

Driveways as required by Onondaga County DOT on Henry Clay Blvd. and NYS DOT on Route 31.

These comments will be given to the Zoning board of Appeals via Commissioner Tessier and/or the Planning Board minutes from this meeting, 10/24/01.

Chairman Kovac asked whether the ZBA was looking for a formal recommendation or just comments. Formal comment was made by Walter Lepkowski that the plan submitted looks adequate provided it is amended to show 121 parking spaces and noting that the Planning Board is neither advocating or not advocating that the special permit be approved.

Signs:

Tricon Global Restaurants — KFC and A & W Adjournment to the next Planning Board meeting of November 14, 2001.

Video King permit #33,999 Jeff Packard, Packard Sign Co., and Larry Wilson, President of Video King, were present to present the pplication for a sign that would be located on the building located on Route 57. Currently all signs on the building are done in green. The Video King sign as proposed would be located on the building, and would be within 10% of the section of the building that they would be occupying. The applicant presented a sign that would consist of red and white background with black lettering. It was noted that the color scheme differs from what is currently on the building for the existing occupants. It was also noted that at the time of the original approval for signs on this building, any and all future signs would have to be in accordance with the green/beige color theme and style. This was expressed to the owner of the building at the time of his original request.

Mr. Wilson indicated that the owner/landlord of the building had approved what he was proposing and had provided a letter in which the owner/landlord stated such. It was the owner/landlord’s recommendation that the Planning Board should approve it as well. The Planning Board members again indicated that the owner was aware that any future signs for this structure would have to remain within the same color theme and style as what had previously been approved.

Mr. Wilson raised the issue that the surrounding businesses have unique signs and questioned why that was possible and he was “restricted” to the green/beige theme and style. It was stated by the Planning Board members that the surrounding businesses were “free-standing” structures and where Video King was proposing to go it would be going in with other businesses and should be conforming.

Motion was made by Karen Guinup, seconded by James Keefe that the Video King application be denied based

on the fact that when the owner originally requested approval he was told that all future signage would have to be conforming.

It was noted that the color scheme differs from what is currently on the building for the existing occupants. It was also noted that at the time of the original approval for signs on this building, any and all future signs would have to be in accordance with the green/beige color theme and style. This was expressed to the owner of the building at the time of his original request.

Mr. Wilson indicated that the owner/landlord of the building had approved what he was proposing and had provided a letter in which the owner/landlord stated such. It was the owner/landlord’s recommendation that the Planning Board should approve it as well. The Planning Board members again indicated that the owner was aware that any future signs for this structure would have to remain within the same color theme and style as what had previously been approved.

Mr. Wilson raised the issue that the surrounding businesses have unique signs and questioned why that was possible and he was “restricted” to the green/beige theme and style. It was stated by the Planning Board members that the surrounding businesses were “free-standing” structures and where Video King was proposing to go it would be going in with other businesses and should be conforming.

Motion was made by Karen Guinup, seconded by James Keefe that the Video King application be denied based

on the fact that when the owner originally requested approval he was told that all future signage would have to be conforming.

Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED This particular location has a uniformity in color and size and what was proposed by the applicant for Video King does not comply.

Motion to deny passed _7:0

Adjournment

Motion was made by Bruce Johnson, seconded by James Sharpe to adjourn the meeting. The meeting

adjourned at 11:50 PM. Motion passed.

Respectfully submitted, Sears Brckhuoxmy, Susan Beckhusen Planning Board Secretary Town of Clay Regular Planning Board Meeting Date: October 10, 2001

APPROVED

The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 10th of October, 2001.

The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski © Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Ron DeTota C & S Engineering David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary LATE: Scott Chatfield Planning Board Attorney Approval of Minutes

Motion was made by Deputy Chairman Walter Lepkowski, seconded by Ferdinand

Lepinske, to approve the minutes of September 26, 2001 as presented.

Public Hearings:

01-9-1 Eldan Homes, Inc. (3) Revised Preliminary Plat-Streamwood Townhouses, Town of Clay Regular Planning Board Meeting Date: 10/24/01 APPROVED This particular location has a uniformity in color and size and what was proposed by the applicant for Video King does not comply.

Motion to deny passed _7:0

Adjournment

Motion was made by Bruce Johnson, seconded by James Sharpe to adjourn the meeting. The meeting

adjourned at 11:50 PM. Motion passed.

Respectfully submitted, Sears Brckhuoxmy, Susan Beckhusen Planning Board Secretary Town of Clay Regular Planning Board Meeting Date: October 10, 2001

APPROVED

The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at the Town Hall, located at 4483 Route 31, Clay, New York on the 10th of October, 2001.

The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll being called, the following were:

PRESENT: Allen Kovac Chairman

Walter Lepkowski © Deputy Chairman James Keefe Member Karen Guinup Member Ferdinand Lepinske Member James Sharpe Member Bruce Johnson Member Ron DeTota C & S Engineering David Tessier Commissioner of Planning & Development Susan Beckhusen Planning Board Secretary LATE: Scott Chatfield Planning Board Attorney Approval of Minutes

Motion was made by Deputy Chairman Walter Lepkowski, seconded by Ferdinand

Lepinske, to approve the minutes of September 26, 2001 as presented.

Public Hearings:

01-9-1 Eldan Homes, Inc. (3) Revised Preliminary Plat-Streamwood Townhouses, Section B — on Sandbar Lane, east of Streamwood Drive.

Dan Barnaba was present to present the revised preliminary plat for Streamwood Townhouses, which would now be referred to as Patio Homes.

The project of 84 townhouses was previously approved, however, that project has now changed with the new proposal being that of 57 Patio Homes consisting of four different designs ranging in square footage of 1100 up to 1450and ranging in price from $110,000 to $170,000. The patio homes would be more appealing to “empty nesters”. Mr. Barnaba was also requesting approval of a cluster development of units that would be 20’ apart versus 40’ as previously approved.

Questions were asked in regards to how these units would be built. Will there be an increase in traffic during peak times of day. At the present time there is an overgrowth of vegetation that currently acts as a noise buffer for the Streamwood residents from Route 481 traffic, and would this remain, or what would be done to keep some type of buffer for the residents.

It was noted that the utilities have yet to be approved.

-1l- Town of Clay Regular Planning Board Meeting Date: October 10, 2001 Ron DeTota, C & S engineer, recently received an updated plan in regards to grading and drainage issues that he will need to review further. There were some questions on the property line easements and lot lines, and it was noted that re-grading would be necessary.

Section B — on Sandbar Lane, east of Streamwood Drive.

Dan Barnaba was present to present the revised preliminary plat for Streamwood Townhouses, which would now be referred to as Patio Homes.

The project of 84 townhouses was previously approved, however, that project has now changed with the new proposal being that of 57 Patio Homes consisting of four different designs ranging in square footage of 1100 up to 1450and ranging in price from $110,000 to $170,000. The patio homes would be more appealing to “empty nesters”. Mr. Barnaba was also requesting approval of a cluster development of units that would be 20’ apart versus 40’ as previously approved.

Questions were asked in regards to how these units would be built. Will there be an increase in traffic during peak times of day. At the present time there is an overgrowth of vegetation that currently acts as a noise buffer for the Streamwood residents from Route 481 traffic, and would this remain, or what would be done to keep some type of buffer for the residents.

It was noted that the utilities have yet to be approved.

-1l- Town of Clay Regular Planning Board Meeting Date: October 10, 2001 Ron DeTota, C & S engineer, recently received an updated plan in regards to grading and drainage issues that he will need to review further. There were some questions on the property line easements and lot lines, and it was noted that re-grading would be necessary.

It was noted that a SEQR determination was made, and since this was a revised preliminary plat it should not change.

Mr. Barnaba indicated that there would be further approvals needed in order to begin, however, he felt that they could start building before the end of the year and that new homeowners would be able to move in, in late spring or early summer 2002.

Hearing no more questions or comments, Chairman Kovac closed the public hearing.

Motion was made by Walter Lepkowski, seconded by James Keefe to adopt a resolution

using Standard Form #10, that for SEQR purposes, case #01-9-1 Eldan Homes, Inc. be declared an unlisted action. This action does not involve any other agencies, including the Federal Government. This action will not have any adverse effects on drainage, traffic or the environment that cannot be mitigated. Motion passed unanimously.

Old Business: Adjourned Hearings

01-5-3 Barbet Development Corp(3) Preliminary Plat, Fairway East Extensions No. 2 and No. 3, and Streamwood Extension No. 1-west side of Morgan Road, south of Route 481 and north of Fairway East.

Ivan Zdrahal, representing Barbet Development presented the plans for the preliminary plat for Fairway East Extension No. 2 and No. 3 and Streamwood subdivision Extension No. 1. He stated that since the last meeting of September 26, 2001 there had been a few revisions, and the recommendations that were made by the Board last meeting have been addressed.

Revisions include: Provide plan for emergency access road It was noted that a SEQR determination was made, and since this was a revised preliminary plat it should not change.

Mr. Barnaba indicated that there would be further approvals needed in order to begin, however, he felt that they could start building before the end of the year and that new homeowners would be able to move in, in late spring or early summer 2002.

Hearing no more questions or comments, Chairman Kovac closed the public hearing.

Motion was made by Walter Lepkowski, seconded by James Keefe to adopt a resolution

using Standard Form #10, that for SEQR purposes, case #01-9-1 Eldan Homes, Inc. be declared an unlisted action. This action does not involve any other agencies, including the Federal Government. This action will not have any adverse effects on drainage, traffic or the environment that cannot be mitigated. Motion passed unanimously.

Old Business: Adjourned Hearings

01-5-3 Barbet Development Corp(3) Preliminary Plat, Fairway East Extensions No. 2 and No. 3, and Streamwood Extension No. 1-west side of Morgan Road, south of Route 481 and north of Fairway East.

Ivan Zdrahal, representing Barbet Development presented the plans for the preliminary plat for Fairway East Extension No. 2 and No. 3 and Streamwood subdivision Extension No. 1. He stated that since the last meeting of September 26, 2001 there had been a few revisions, and the recommendations that were made by the Board last meeting have been addressed.

Revisions include: Provide plan for emergency access road New proposed town road to be paved Detention basins are now shown Reference to the parkland was changed to open space with paths allowing for pedestrian traffic Over 35 residents from the Fairway East and Streamwood developments were present at the meeting. Many residents voiced their concerns in regards to the proposed access road encompassing Dayton Drive and Coconut Tree Drive.

The main concerns of the residents are as follows:

Safety of the residents and children Increased traffic due to more residents as well as the “cut through” traffic Excessive speeding Drainage Additional noise Town of Clay Regular Planning Board Meeting Date: October 10, 2001 Attorney Scott Chatfield took his seat at 9:00 pm.

The residents of Fairway East are opposed to the new location of the road and many raised questions on how the change was determined. It was noted that the Town Board gave the zoning change and it is up to the Planning Board to approve the location of the roads and of the lots.

Mr. Zdrahal indicated that the reason the Dayton Drive/Coconut Tree Drive area was chosen was based on the wetlands and that by putting the road in this area, they would be way above the flood levels. If you go straight through to Streamwood or the other surrounding areas, you would have to go through the wetlands which would require DEC approval, which they were not likely to obtain.

New proposed town road to be paved Detention basins are now shown Reference to the parkland was changed to open space with paths allowing for pedestrian traffic Over 35 residents from the Fairway East and Streamwood developments were present at the meeting. Many residents voiced their concerns in regards to the proposed access road encompassing Dayton Drive and Coconut Tree Drive.

The main concerns of the residents are as follows:

Safety of the residents and children Increased traffic due to more residents as well as the “cut through” traffic Excessive speeding Drainage Additional noise Town of Clay Regular Planning Board Meeting Date: October 10, 2001 Attorney Scott Chatfield took his seat at 9:00 pm.

The residents of Fairway East are opposed to the new location of the road and many raised questions on how the change was determined. It was noted that the Town Board gave the zoning change and it is up to the Planning Board to approve the location of the roads and of the lots.

Mr. Zdrahal indicated that the reason the Dayton Drive/Coconut Tree Drive area was chosen was based on the wetlands and that by putting the road in this area, they would be way above the flood levels. If you go straight through to Streamwood or the other surrounding areas, you would have to go through the wetlands which would require DEC approval, which they were not likely to obtain.

While the residents, in general, oppose the new development and additional access road, they brought up the idea of the possibility of having two “one-way” roads for the emergency access road. Mr. Zdrahal indicated that this might be a possibility. Ron DeTota, C & S engineer, indicated that he will work with the developers and the engineers to determine a feasible alternative.

Chairman Kovac asked if there were any further questions and there being none, Chairman Kovac closed the public hearing. This item was adjourned to the next Planning Board Meeting, October 24, 2001.

01-5-7 Patrick & Kathryn Hadley (3) — Preliminary Plat, Mud Mill Road

Motion was made by Ferdinand Lepinske, seconded by James Sharpe to adjourn this case

to October 24, 2001. Motion passed.

01-6-1 Anthony Ianno — Zone change Recommendation -A-1to C-2 3652 State Route 31 Jan Kublick, attorney for the applicant, was present to present zone change recommendation, A-1 to C-2 — 3652 State Route 31 The issues under discussion relate to traffic. The engineers did a traffic study and submitted it to the State DOT, County DOT and Town Engineers. The main issue is the concern about cut through/bypass traffic from Route 57 to Route 31. This has been addressed. It was indicated that the traffic would enter into the parking lot, circulate through the parking lot and leave from the opposite end. This plan was acceptable to the State DOT.

While the residents, in general, oppose the new development and additional access road, they brought up the idea of the possibility of having two “one-way” roads for the emergency access road. Mr. Zdrahal indicated that this might be a possibility. Ron DeTota, C & S engineer, indicated that he will work with the developers and the engineers to determine a feasible alternative.

Chairman Kovac asked if there were any further questions and there being none, Chairman Kovac closed the public hearing. This item was adjourned to the next Planning Board Meeting, October 24, 2001.

01-5-7 Patrick & Kathryn Hadley (3) — Preliminary Plat, Mud Mill Road

Motion was made by Ferdinand Lepinske, seconded by James Sharpe to adjourn this case

to October 24, 2001. Motion passed.

01-6-1 Anthony Ianno — Zone change Recommendation -A-1to C-2 3652 State Route 31 Jan Kublick, attorney for the applicant, was present to present zone change recommendation, A-1 to C-2 — 3652 State Route 31 The issues under discussion relate to traffic. The engineers did a traffic study and submitted it to the State DOT, County DOT and Town Engineers. The main issue is the concern about cut through/bypass traffic from Route 57 to Route 31. This has been addressed. It was indicated that the traffic would enter into the parking lot, circulate through the parking lot and leave from the opposite end. This plan was acceptable to the State DOT.

It was noted that the public would not utilize this ingress and egress to bypass the existing traffic light at Route 57 and Route 31 due to the fact that there would be nothing to gain by doing so. It would not provide any faster alternative than to utilize the existing pattern. Town of Clay Regular Planning Board Meeting Date: October 10, 2001 There was a question raised in regards to the left in/left out proximity to the existing Mobil station and it was determined that there would be approximately 300’ between each.

It was indicated that the Route 31 frontage would most appropriately be commercial zoning while the balance of the property be residential.

Mr. Kublick indicated that should the Planning Board consider making positive recommendation for C-2 to the Town Board, a resolution would be made for residential zoning for the balance of the property.

Having heard no further questions, Chairman Kovac closed the public hearing and asked for a motion.

Motion was made by Bruce Johnson, seconded by Karen Guinup, recommending the

Planning Board recommend disapproval to the Town Board for zone change from A-1 to C-2 based on the fact that C-2 seems improper zoning for the location.

James Keefe opposed based on the fact that he felt that C-2 was a valid use and it was the most economically feasible.

Ferdinand Lepinske opposed stating that he felt C-2 would be an acceptable zone and for the high density housing that would probably be built on the balance of the property. It was noted that the public would not utilize this ingress and egress to bypass the existing traffic light at Route 57 and Route 31 due to the fact that there would be nothing to gain by doing so. It would not provide any faster alternative than to utilize the existing pattern. Town of Clay Regular Planning Board Meeting Date: October 10, 2001 There was a question raised in regards to the left in/left out proximity to the existing Mobil station and it was determined that there would be approximately 300’ between each.

It was indicated that the Route 31 frontage would most appropriately be commercial zoning while the balance of the property be residential.

Mr. Kublick indicated that should the Planning Board consider making positive recommendation for C-2 to the Town Board, a resolution would be made for residential zoning for the balance of the property.

Having heard no further questions, Chairman Kovac closed the public hearing and asked for a motion.

Motion was made by Bruce Johnson, seconded by Karen Guinup, recommending the

Planning Board recommend disapproval to the Town Board for zone change from A-1 to C-2 based on the fact that C-2 seems improper zoning for the location.

James Keefe opposed based on the fact that he felt that C-2 was a valid use and it was the most economically feasible.

Ferdinand Lepinske opposed stating that he felt C-2 would be an acceptable zone and for the high density housing that would probably be built on the balance of the property. James Sharpe opposed stating that he was not entirely accepting of the C-2 but the other options, he felt, would not fit in as well with the surrounding areas as well as C-2 would. A vote was taken and was as follows: Allen Kovac — For Walter Lepkowski — For James Keefe — Against Karen Guinup — For Ferdinand Lepinske — Against James Sharpe — Against Bruce Johnson — For

Motion to recommend disapproval was passed 4 to 3.

01-6-3 Nortel Networks (3) Site Plan — 47 85 Buckley Road Alfredo D’Ambrogio, from Pyramid Network Services, LLC and Jill Yonkers, of Hodgson Russ, LLP, stated that they had received the necessary area variance from the

Zoning Board of Appeals to extend the existing tower by 12’. They are now looking for site plan approval from the Planning Board. It was noted that any additional extensions would require additional variances but it was not their plan to do any additional extensions.

Town of Clay Regular Planning Board Meeting Date: October 10, 2001 Hearing no further questions, Chairman Kovac closed the Public Hearing.

Motion was made by Karen Guinup, seconded by James Keefe to adopt a resolution

using Standard Form #10, that for SEQR purposes, case #01-6-3, Nortel Networks Site Plan, be declared an unlisted action. This action does not involve any other agencies, including the Federal Government. This action will not have any adverse effects on drainage, traffic or the environment that cannot be mitigated. Motion passed. James Sharpe opposed stating that he was not entirely accepting of the C-2 but the other options, he felt, would not fit in as well with the surrounding areas as well as C-2 would. A vote was taken and was as follows: Allen Kovac — For Walter Lepkowski — For James Keefe — Against Karen Guinup — For Ferdinand Lepinske — Against James Sharpe — Against Bruce Johnson — For

Motion to recommend disapproval was passed 4 to 3.

01-6-3 Nortel Networks (3) Site Plan — 47 85 Buckley Road Alfredo D’Ambrogio, from Pyramid Network Services, LLC and Jill Yonkers, of Hodgson Russ, LLP, stated that they had received the necessary area variance from the

Zoning Board of Appeals to extend the existing tower by 12’. They are now looking for site plan approval from the Planning Board. It was noted that any additional extensions would require additional variances but it was not their plan to do any additional extensions.

Town of Clay Regular Planning Board Meeting Date: October 10, 2001 Hearing no further questions, Chairman Kovac closed the Public Hearing.

Motion was made by Karen Guinup, seconded by James Keefe to adopt a resolution

using Standard Form #10, that for SEQR purposes, case #01-6-3, Nortel Networks Site Plan, be declared an unlisted action. This action does not involve any other agencies, including the Federal Government. This action will not have any adverse effects on drainage, traffic or the environment that cannot be mitigated. Motion passed.

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