Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Minutes 8/17/05
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
AUGUST 17, 2005
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


Present:        Supervisor Clarence W. Mosher, Councilmen, Peter V. Russo, Mark A. Quinn, Robert E. Bailey and James E. Denney

Absent: None

                Supervisor Mosher called the meeting to order at 7:30 PM.  Councilman Quinn gave the Invocation and Frederick Burridge was asked to lead us in the Pledge of Allegiance.

                Supervisor Mosher asked the Town Clerk, Linda C. Neals, to call the roll.  Everyone was present and accounted for.

No Town Council Reports this evening.

                Supervisor Mosher – “Item number 5 is a public hearing on the proposed amendments to the ordinance on Park Regulations allowing hunting in the Sanders Preserve.”

                Supervisor Mosher opened the public hearing at 7:33 p.m.

                (Supervisor Mosher invited James MacFarland, Director of Human Services, to come forward and explain the proposed amendments)

                James MacFarland – “I would like to mention that there are a few members of our Park Planning Commission here this evening including our Chairman Dave Wright.  I would like to thank them for their ongoing and unpaid support of all of our park activities.  We are going to have our next regularly scheduled meeting next Tuesday at which time we will certainly reflect upon this night and if the Board has any further information that you would like we could consider that at that time.

                For the benefit of those assembled the Park Planning Commission did make this recommendation last year with three (3) changes to the use policy.  That recommendation was unanimous and we certainly are well represented on the Park Planning Commission by hunters who also endorse these changes.

                At our last work session the Town Board had a very good idea to encourage better dialogue on this subject that these issues, which I will talk about a little bit, be considered separately not as one action.  So, we have three (3) proposed changes and I think the Board and I would like to hear comment upon the various individual issues not necessary all together.

                The draft policy went through a very good process that brought these changes forth; Park Planning Commission subcommittee development, public comment, and Park Planning Commission review and recommendation.

                The proposed changes alter current hunting practices minimally at most.  The various statistics that have been or will be cited that depict hunting as generally very safe do not specifically apply to the Sanders Preserve, which is a unique 370 acre parcel, surrounded by private residences, divided into three parcels by town/county roads, with multi-use activities of hiking, biking and horseback riding to name a few.

                The rationale that “we haven’t had a problem with the existing policy, therefore we shouldn’t change anything” is flawed and short-sited.  It is the town’s responsibility to manage its properties.  Since the initial policy was put in place in 1989, more homes have been added to the Sanders Preserve area, more people use the property for more recreational activities, and (anecdotally) more hunters use the property for more types of hunting.  When the policy was implemented, most hunters went there for big game hunting during the comparatively short three week (regular) season.  Now they’re hunting during the comparatively short three week (regular) season.  Now they’re hunting during archery, muzzleloading, small game and turkey (2) seasons.  Add to that the ability to hunt unprotected species year round and you have a situation that needs conscious action, not laissez-faire management.

        To reiterate the proposed changes…

·       Sign in/Sign out – Designed to allow all users of the preserve to know if either hunting or other use is occurring.  Will also allow for better tracking of Preserve use.
·       No centerfire/rimfire rifle use – Designed to minimize the possibility of a bullet straying off site.  In particular, this addresses use of .22 rifles which are sometime used for small game, which is sometimes hunted by shooting upward into trees.  It is unquestionable that a bullet could stray off site in those circumstances, and this revision speaks to that possibility.  While .22 use by youngsters hunting small game is often a nice introduction to hunting that would no longer be allowed under the proposed revisions, the question is whether this type of hunting is appropriate for the Sanders Preserve.
·       No hunting of unprotected species except during small/big game and turkey seasons – Unprotected species include woodchuck, porcupine and red squirrel.  There is no season for them, as they are “unprotected”.  By limiting hunting of these species to other “regular” seasons it adds some knowledge of when hunting may or may not be occurring.  If this is not implemented hunting could be taking place 365 days/year in the preserve.

                I strongly endorse adoption of these proposed changes as reasonable, prudent and commonsensical.”

                Councilman Denney – “Did the Park Planning Commission consider when it comes to the small game being year round, did they consider just having it year round in one or two of the sections of the Preserve rather than the entire Preserve as an alternative solution?”

                Mr. MacFarland – “We debated, I think just about every issue we could and one of the suggestions was to designate an area of the Preserve for perhaps less hunting or no hunting during certain parts of the year.  There really wasn’t wide spread support among the Commission for that.”

                Councilman Denney – “What was the reason for that lack of support?  Just because they preferred the other or what…”

                Mr. MacFarland – “Almost arbitrary that that would be giving a section to a group perhaps to the exclusion of another group specifically the hunters.  There were the theories that hunting really wasn’t allowed for any number of months beside from unprotected species because of the seasons.  So there already was a time of year when there would be no hunting in the Preserve anyway.  It was really an attempt to balance it to say that all of the areas would be treated the same and that hopefully that just safe practices for all portions of the Preserve would be in place.  In addition to looking at some areas of the Preserve that would have no hunting potentially we looked at mornings and nights, alternate days, modifying the seasons slightly.  We went through just about every iteration and we had used some of the options that had been provided by DEC in the past.  DEC ultimately says, well do what you would like to do really they give you the potential tools to use to manage it and ultimately it is up to us to decide what we would like to do.  That is certainly an idea that has been proposed by a number of people.  It was not ultimately recommended by the Park Planning Commission to designate one section of Preserve for no hunting.”

                Councilman Quinn – “Jamie did you consult with other municipalities locally that might have this type of shared use facility and if so did they have similar level of regulations?”

                Mr. MacFarland – “We did previously.  There’s no other local municipality that I am aware of that has Town owned for instance, we did look at the Pine Bush hunting as it is in there and that was looked at and discussed.  They have some of the similar types of concerns that we do.  Exactly what their policy is, I am not sure, but I know that we had the discussions of in particular hunting in the Pine Bush as a part of our sub-committee discussions.

                I am not aware of any other local town that has property on which to hunt.”

                Councilman Bailey – “With regard to the “Sign-In/Sign-Out” I think I understand the motivation for it but I am not clear exactly on what it…if enacted would the “Sign-In/Sign-Out” apply everyday of the year, for anybody going into Sanders Preserve?”

                Mr. MacFarland – “Yes, all users, all of the time.”

                Councilman Bailey – “So if you are not in a hunting season what’s the purpose for the “Sign-In/Sign-Out”?”

                Mr. MacFarland – “There is any number of reasons.  I think it would certainly be more difficult to implement such a policy if we didn’t have it year round, but also it is just generally a good practice.  The Sanders Preserve while it is pretty safe it does have some slopes here and there, people aren’t restricted to stay only on a trail I think it is good safety practice to have knowledge of who was in and out of a facility like the Sanders Preserve, since it is remote you can be in there by yourself.”

                Councilman Bailey – “That speaks directly to the point that I was driving at to make sure I understood.  In the Indian Kill Preserve you’ve got perhaps greater hazards, there are some cliffs in there which end in a pool of water so you could fall in and drown.  Was there contemplation with having a “Sign-In/Sign-Out” Policy broader than just Sanders?  Indian Kill is in a more developed area and you have got kids back there you know partying.”

                Mr. MacFarland – “To my knowledge Indian Kill does not have that policy that is required.  Since that is a County owned facility I don’t believe that…I don’t know if they considered that.  They do have a sign-in/sign-out station there at the Indian Kill Preserve so people could if they chose.  The only other places that we would potentially implement it would be Indian Meadows and Maalywck Park and that would be pretty impractical.

                Certainly part of our discussions of this brought up the bonus if you will of yeah it is good for everyone to sign in and to sign out just in case something happens, yeah you know when somebody went in, generally in what area, should there be an emergency it’s helpful.”

                Supervisor Mosher asked Mr. MacFarland to break down the three component parts of the Park Planning recommendations.

                Mr. MacFarland – “They are as follows:

                A mandatory “Sign-In/Sign-Out” Policy for all users of the Sanders Preserve.

                No hunting of unprotected species except during small, big and turkey seasons.

                A no centerfire, rimfire use with the clarification that shotgun and muzzleloaders are allowed.

                Earl Wainwright, 2143 Washout Road – “On Wednesday, July 27th there appeared an editorial in the Gazette about hunting in the Sanders Preserve.  There’s only one reason given for sign in/sign out, it was to benefit hikers.  This is not true.  I made a proposal to the Park Commission a while back; my proposal was omitted from the paper.  My proposal, my reason for sign-in/sign-out was to point the police and fire department, rescuers to the right direction to make rescues.

                Unsaid part goes without saying, that the Police and Fire Department can also use this sheet to see if they might find additional help at the site.  It is not uncommon for rescuers to ask for help from bystanders.  Any help will be appreciated.

                There is an unwritten law that if you are in the woods and a emergency arises you will help.”

                Supervisor Mosher – “I want to say that several people sent me letters and I forwarded them to the Board for their information and a Mr. Don Reed called me and left a telephone message that he and his wife would not be able to be here but he wishes there would be no changes.”

                Master Sergeant Hogan, Air Force retired, 2941 Amsterdam Road – “As Jim mentioned the proposal that DEC will pretty much do what you want to do but I also want to point out that I am an affiliate of the NRA (National Rifle Association).  DEC will let you do what you want and regulate, but I want to stipulate that in any court proceeding the DEC always reverts and says we regulate the law the municipality does not.  There are two organizations which I would like you to be aware of, one is the friends of the NRA and the other is NRA Free Hunters which I am a founding member.  Their specific goal is to keep areas that have been open to hunting kept open to hunting and we are talking an organization with millions of dollars to spend.

                Having said that I have no personal objections to your proposal.”

                Frank Winters & son Luke, 113 Hetcheltown Road – “I have three points that I would like to mention, first point I have a problem, second point I have good news, third point I will really introduce Luke.

                First I have a problem, it is a Wednesday evening, I am taking my family camping tomorrow, million things going on and we are back.  I really thought that we had put this issue to rest and had reached a consensus of sorts a year ago.  Maybe I was mistaken so maybe it is just my perception of a problem.

                The other problem that I have though it really is more striking and that is I not confident that these proposals have been brought forward by people that can really say that they are expert, firearm safety, wild life biologists and even expert hunters.  Maybe again I am wrong it could just be my perception.

                Now on to the good news, the good news is we have access to these experts.  We have experts to people right here in the Capital District like Wayne Jones, the hunter education supervisor and let me just read you one little quote from Wayne Jones:

                The data shows that hunters are now required to pass an extensive safety course to qualify for a license and have become extremely safety conscious over the past fifty years since courses were first required.  The likely hood of a hunting related shooting incident depends mostly on the caution of the person shooting rather than the type of firearm used.

                That is the kind of information that people that make a career of studying these issues have come up with.

                Trivia question for you all:  How many non-hunters have been killed in NYS on public land?  Zero

                I want to introduce my son Luke.  Luke is nine (9) years old.  In three years Luke will be eligible to sit in and take the hunter safety course.  For any of you that want to get a jump on Luke I’d like to invite you to the Glenville Fish and Game Club on August 23rd, 25th and 27th.  We’re going to have a hunter education course.  Luke has to wait three years but in three years you can bet he will be chomping at the bit.  Now we already have the gun that I would intend and think most appropriate for Luke to use in three years.  I’d really like this Town and this County to welcome Luke into hunting and if not we will be happy to go to the enlighten land far north in Saratoga County and don’t worry we will wear seat belts because we know that driving there is going to be the most dangerous thing we do that day.  If Luke were to attempt to even talk about taking a shot at a squirrel in a tree we would have a long lecture instead of a fun day hunting.  That is not going to happen in my family and I don’t think it’s going to happen with anybody who’s been through a hunter safety course.  So, I would really appreciate your consideration.  Please do take me up on my offer; I am serious about coming and seeing what it is all about at that hunter education course.  It is the sport we care about because we care about our families and the traditions.”

                Howey Cushing, President NYS Conservation Council: – “What I want to talk about is probably what you heard already at the other meetings.  I want to give you some statistics on what will happen if you don’t have hunting.

                There are a couple of things that just came up at this meeting that aren’t correct or need to be corrected.  Years ago when you used to hunt in the Adirondacks the thing was, put your name and address on your car and tell people where you are and what time you are going to be back.  Do you know what you did when you did that the same thing that you do when you go to a death in the family?  What does the undertaker tell you?  Make sure somebody sits at your home while you’re out there at the service because somebody is going to rob your home.  What stupid thing could you have that a sign in sheet that someone doesn’t collect and hold inside where it can’t be seen by other people for somebody just to come along during the day and say “here’s Mary Joan, she comes here two or three times a week and she likes to jog at 9:00 am.  That is now a different type of predator, not a coyote, not a fox, not a hawk but some other kind of predator is going to know exactly what time that person signs in and signs out.  Who is going to be responsible for that?

                If there was so much talk about the signing, and it is difficult, this happens all across the state tussling and fighting on how to balance not ever having an accident.  Probably the best way to do that is to make sure that the people that use the property are keeping up with their license, which they have to, have a conservation officer stop by and go through the property a few times a year.  The sportsmen are already paying for that.  They are not going to mind if you do that.

                We are not there to kill game, we are there to harvest game it’s part of the thanksgiving time of the year for sportsmen.  The problem is that you see a lot of sportsmen out crying issues like this and it’s difficult to get everybody on the same page to make it work because this is happened habitually across the state and across the whole United States.

                It is the typical vacuum cleaners salesman deal, someone gets their foot in the door and then next year it is more restrictions and more restrictions and that is the problem why hunters get their dandruff up so bad about issues like these.

                These are accurate statistics of what could happen if you didn’t have one.  These papers are put together through funding and grants through the official wildlife service.  This is a report that is very important; we are losing license sales every week because we are getting loss of property.  There is another issues for instance taking you town; tell me you haven’t had at one time or another as a board or just let it go with the Highway Superintendent, what have you had to do with the beaver situation, haven’t you ever had beavers clog up culverts and cause damage and flood property.  Do you know where this all started from?  Many years ago when these hardcore people said “we can’t be trapping or selling beaver anymore, we can’t be taking them out and when we don’t manage the beaver that is when we have this conflict between people and the outdoors of the woods.  This is a report in areas  where they have done some testing and this is been put out by the International Fish and Wildlife Association in conjunction with the U.S. Fish and Wildlife Service.  Communities have learned hunters and trappers will come for free and even help pay for wildlife management the local economy also receives a boost.  According to U.S. Fish and Wildlife Service hunters and trappers contribute $847 million in 2002 to State Wildlife Management Agencies.  What I want to get to is the problem if we don’t have hunting and eventually zone it out.

                Deer automobile accidents results in $1 billion in damage annually.  Wildlife damage to household amount to $633 million, stop the 22’s you are going to have more squirrels aren’t you.  Beavers, woodchucks and other species cause millions of dollars each year to roads, bridges, dams, water drainage systems and electric utilities about the U.S. and Canada, crops and livestock.  So you say we only have 300 acres here but if you ever understood hunting the way a hunter does, there are what they call heart spots and heart spots can be areas that are on small pieces of property as 5 acres or if you don’t touch that piece of property it is your little 5acres of property in back of your house and you can hunt that area you don’t hunt that heart zone your deer will congregate in that area and then they do that for the safety and then when they need to eat they’ll go out along the Thruway or along Rte 146 or out along the Northway and that’s where you get the car deer collisions.  So you are creating a bedroom community for animals but you don’t harvest the animals in that area and that is where they are going to be and they are not going to be there like the bank opened from 9:00 to 3:00 in the afternoon.  You have got to get in the woods, you have got to be set up at 5:00 in the morning, walk in with your firearm unloaded, load it when you get in and get that animal later in the day harvest.

                All wildlife management tools must be available to wildlife professionals, to maintain a balance between wildlife and people and those include the people that don’t hunt and that’s what I am talking about.  Some people don’t even know what is good for them; that hunting is good for them.

                Here are some potential damages, now again this is nation wide and you can say now how does it affect us because we are only 300 acres.  Again think about it as the heart, you have this little heart land of 300 acres here and eventually you get it shut down because I’ll tell you right now that is where it is going to lead to.  Over ten years there will be even more restrictions on that piece of property even if there isn’t an accident.  That is the logical path that is always followed when some people in the background starts these ideas about more restrictions.

                In addition 50,000 injuries per year will be from wildlife auto collisions, 3.8 billion auto repair cost will have to be dealt with, 1.45 billion in health care and disease control costs for just rabies alone, 128 million aircraft damage (do you have any geese on that property?)  Go down to Albany Airport, you can hear those simulated shotguns that they have going off all over around the airport to keep the Canadian Geese away.  Who is going to pick up the costs when you have these incidents that come about?

                Potential damages should hunting and trapping be lost as a wildlife management tool and again this is nation wide.  934.2 million to 9.3 billion of taxpayers money annually to control white-tailed deer.  If you don’t control deer in that heartland they start bopping out onto the major corridors, eating along the edge of them.  Who is going to pay the insurance costs?  If you live where there is a high car deer incident your insurance costs are going to be raised.  That is why you have to have managed wildlife.

                The bottom line of it is you need to have responsible people on your property hunting.  There are Conservation Officers out there; there is nobody else in this room paying for the Conservation Officers except the sportsmen.  If you lose the sportsmen you won’t have the conservation officers even there to protect the non-game species, the hawks, the owls etc., so it is important to keep those out there and just make sure they remain responsible.”

                Ray Gawlas, 23 Concord Street:– “I am a resident of the Village of Scotia, member of the Guan-Ho-Ha Fish and Game Club and also President of the Schenectady County Conservation Council which is the umbrella organization for all the organized sportsmen groups in Schenectady County.

                I discovered that preserve in the early 1970’s from an elderly neighbor who said, Ray if you want to go hunting in a good place up there near Washout Road is a place called the Sanders Preserve.  It was a well kept secret, I loved it, all 300 and some acres, and not a lot of people hunted there at that time until the late 80’s when some neighbors said hunters are dangerous, I am afraid of hunters and all of a sudden the media was made aware of the place.

                At the time all local sportsmen responded to those fears by setting up safety zones, the safety zones are there automatically and even if there aren’t signs there you should be aware of what is within 500 feet of where you are shooting your firearm.  To the best of my knowledge no problem has ever occurred and to this day still have none occurred.

                Sportsmen across the state especially those of us who hunt locally have done everything in our power to assure that no local or state laws are violated with respect to hunting.  We want all unethical hunters to have the book thrown at them when any laws or violations are violated.  As a spokesman for the area sportspeople I have been told to express our disapproval of those suggested changes involving firearms to all of you on the Glenville Town Board.  We are extremely concerned about the safety of both sportspeople and any other users and neighbors of the Preserve.  The safety record of hunters statewide speaks for itself.  Other activities in the Preserve are more likely to cause injuries as you have already heard from the statistics presented.

                I don’t understand why hunters are discriminated against in the use of the area especially when there is really no safety problem and I think what hunters should do is declare we are a minority group that way we will be protected against discrimination against ourselves.”

                Councilman Quinn – “You indicated that your objection was to the firearms, do you have any objections to the “sign-in/sign-out” portion of this?”

                Mr. Gawlas – “When the sign-in/sign-out sheet was there I always used it myself.  I think it is important for the town to know the users of the Preserve, how many people are using it, are it being over utilized?  I have now objections to the “sign-in/sign-out” because I have always done it.”

                Michael McCardle, 509 Sanders Road – “My property borders the Preserve.  I was at the meeting about a year ago and I stated then if there is not a problem, like somebody said, why fix it.  I have never heard or seen anything of a problem, safety or people coming onto my property because it does border.

                As far as signing in and signing out, that might be a good thing.  The gentleman said with the firemen/rescue that might be a good idea.  I would think that might be something to look at.  As far as changing what hasn’t been a problem I don’t see it; like someone else said you change one thing and then someone else is going to jump in and try and change something else.”

                Ron Pucci, 1648 Gower Road – “As a Glenville property owner I share several hundred feet joining the Sanders Preserve, I use the Preserve as a hiker, as a dog walker, as a snow shoe, as a cross country skier and a hunter.  I’ve been observed many times a week, usually for the health of it.  I enjoy the opportunities offered here.  I am really proud of that unique land we call the Sanders Preserve.

                That is a huge reason for our decision to move to Gower Road.  With my wife, who hunts, who is my best friend, we made the decision to move to Gower Road.  We accepted the rules at that time, along with the fact that we would live with the Sanders Preserve joining our property and live with the joys and issues connected to that responsibility as they were at that time.  We see little need to change this policy.

                Safety was the issue to be addressed by the Park and Service Director and its board and Jamie and his board has done that.  I know I sit on that board.  Hunting is one of the safest recognized uses of the Sanders Preserve that Jamie’s outlined and is based on NYS statistics and Safety Council statistics which are on record.

                Hunters go through a NYS mandatory safety training class to be educated in safety, ethics along with the procedures of harvest, not killing, harvest.  These rigorous standards are not required for any other activity allowed in the Sanders Preserve.  I don’t know of any, do you?  In fact I have never seen a bicycle rider in the Preserve ever wearing a helmet, adult or child.  Safety issue, you tell me.  To make an intelligent decision both sides of an opinion or the position need to be heard using solid facts presented with logical and knowledgeable decisions then could be made.  A good point, Mr. Bailey, of the sign-in sign-out policy is key for all who use the Preserve in addition to enhance safety the education is key.  Signs should be placed at all seven (7) trail heads located on the Sanders Preserve defining our state wide hunting regulated seasons.  Those state wide regulations should also continue to be the hunting policy allowed in the Sanders Preserve.  Signs should also instruct people to register at one logical point and that could be the parking lot located on Sanders Road at the two main trailheads.  All other activities or recreation allowed in the Sanders Preserve may go to anyone of the other beautiful Glenville Parks, even the bike-path to enjoy their time and nature, to exercise, relax or even encourage thought.  Hunters can’t go any place to hunt.

                If one still wants to enjoy the Sanders Preserve during the hunting season the new sign up policy will have a space for the activities to be listed and if one sees there are hunters in the area of the preserve they may take another area to be used or another park could be used.  Glenville hunters don’t have that option.  Is the Sign in/Sign out policy to be fool proof?  Maybe not.

                Mr. Bailey in answer to one of your questions…the Sign in/Sign out Policy is utilized in all parks throughout the United States.  I have been to California, I have been to Maine, my son lives in Washington, and they all utilize it.  They are recognized as safety tool used in locating lost or injured persons at a time of need.  With the grace of God and the wisdom of all here and the powers to be I am here to see the dream that we encountered moving to the Sanders Preserve be maintained.

                We have entertained our friends including our precious grandchildren at the Sanders Preserve, never ever discounting the element of danger connected to the activities exercised there.  As one that uses the Preserve on many occasions and all seasons precautions are taken to insure safety for all.  Even my white dog has a protective vest as suggested by ECON during certain times of the year.

                Education is “key”.  We invested the use and the users of the Preserve and we are confident with the rules and the issues of the Sanders Preserve at that time.  Now, could a hunting accident happen, are there bad hunters out there, yes could be the answer to both of those questions, but data shows the possibilities are low but accidents are possible even with the best precautionary measures taken.  Hunting is a safe sport, safety classes are taught by certified safety hunters in the State of New York.  Excellent records are maintained because of this proper education.  Data show hunting has excellent safety records.  This is a reflection on the staff of the dedicated volunteers.  There are bad apples in any baskets of health including all of the Sanders Preserve activities.

                With grace and wisdom except the current rules and regulations and pray for the safety of all, harmony and teamwork are the successful keys to be used to overcome the current issues about the Sanders Preserve hunting issues and the Board has done that.  If changes are required let us all act with established facts not emotion, not prejudice.  What are the circumstances requiring change, do hunting rules or policies need to be changed, good questions, or does one need to understand based on education the knowledge of the hunting laws and the season so they are better understood.  Limiting, banning, curtailing and restricting hardly seems like the best answer for any activity allowed in the Sanders Preserve, big negative, I don’t think so, shouldn’t happen.”

                Mark Storti, 9 Barry Lane – “I am the NYS DEC Conservation Fund Advisory Board member for Region 4.  I oversee about $70 million in license fees that come into DEC, so I have a pretty good handle on what hunting, fishing and trapping happens in NYS.  I am also the former Vice-President of the Park Planning Commission; about a year ago I resigned and moved on to another volunteer board.  I am also the former president of the Schenectady County Conservation Council.  I have 29 years of experience with firearms and that is how many years I have been hunting.

                I’d like to state for the first issue about sign in/sign out, I think it is a good idea but it has to be managed correctly, it has to be updated, it has to be kept in a secure box, it is important.  We need to look at maybe one other location, maybe in the northern end of the park because it is a long jaunt from the southern tip to the north tip.

                The second issue on limiting hunting in the Preserve – We have ten parks in the Town of Glenville and the Village of Scotia, they total about 788 acres.  Within the Sanders Preserve there are 393 acres of which we are only allowed to hunt on 269 acres do to the 500 foot buffer zone.  We went beyond environmental conservation law which states that a 500 foot buffer of no discharge should be placed at the structure, we put if at the property line so we even put a greater buffer in the preserve where you cannot discharge a firearm.

                What the totally acreage means to hunting of this 269 acres that really means about 30% of the lands, the public lands, in the Town of Glenville can be used for hunting, the other 70% we can’t hunt, but the other non-traditional users, hikers, bikers can use those lands but we can’t.

                What is happening here is we are becoming second class citizens.  We need more places to hunt, fish and trap and as you can see we have an audience here that would like to see more acreage that we can hunt, fish and trap on.  So that issue, about 365 days I don’t agree with, I think it is unfair.  I would like to take my daughter and my son hunting for red squirrels as I did as a kid.  It was a great time.  In summer time is a good time for kids, it is not cold, it’s kind of warm, and it’s enjoyable.

                The ban on .22 caliber and centerfire rifles as has been stated there has been no official reports in the Town of Glenville or in the Sanders Preserve by either DEC or Glenville Police of these incidents taking place.  We have taken extra precautions with this 500 foot buffer.  We are training our new hunters and our old hunters that shooting up in a tree and not identifying your background, that is one of the things that they stress in these hunter safety courses, always know where your bullet is going to land, make sure that there is nothing in back.  It’s just a cardinal rule that we live by and we make sure that we know that and the town is great on helping us when we come in register for a permit and we can do even better.  Maybe we have to have better aerial photography maps that we can help the town with.  Also, the issue that a stray bullet would go out in Sanders Preserve is highly unlikely due to the fact that there are many, many large trees in the preserve.  This is not a wide open field and also people don’t aim at 45 degree angle.  If you are just demonizing a 22 caliber rim-fire or center-fires why do you have slug guns and muzzle loaders in the preserves for deer hunting.  Do you know that the muzzleloaders out there at this time are just as powerful as a center-fire rifle, so it doesn’t make any sense?  When it comes down to what needs to be done is education that Ron said tonight.  We have done nothing to that kiosk up in Sanders Preserve to educate our users of a preserve of what goes on there and how hunting is safely done.  As a former member of the Park Planning Commission I have stated that at that time that I would be willing and have been in contact with Conservation Officers and to have Conservation Officers’ numbers on that preserve.  And also have Conservation Officers make routine stops up in that area during high traffic time.  So, it’s already been put forth.  I’d still like to help to that mission.  Also with the ban on 22 caliber and center-fire rifles you would also limit the chances of coyote hunting which a lot of people up in this area want to do.  Other than that that is where I am and what I believe in with my expertise.  Thank you very much.

                Councilman Bailey –“You made this comment early on Mark about “sign-in-sign-out” law is a good idea and must be managed correctly and must be kept in a secure box.”

                Mark Storti – “I think a water proof box, a lock box shouldn’t be kept out in the open like other boxes have been where paper can be wrinkled where there is no……….

                Councilman Bailey – “I’m trying to understand that you are referring to what these gentlemen spoke of earlier about having a sign-in sheet there is a…………

                Mark Storti – “A tear-off would be a good idea and just put it in a slot in the box possibly.”

                Councilman Bailey – “Okay, so it that it wouldn’t be available to somebody who wants to case the joint or find out who is not home or something like that.”

                Mark Storti – “Right, that’s one way.”

                Councilman Bailey – “How does that get somebody off with saying there’s a hunter in there…………….I really don’t want to go into that.”

                Mark Storti – “That does create a problem.  Another thing is remember people that hunt in Sanders Preserve do have sheets of paper in the wind shield of their cars when hunting in Sanders Preserve at this time.  No other hiker, biker, or cross-country skier has to be identified but we hunters do and we put that in our wind shield and we also have to have the certificate in our wallet as we pursue our game species.”

                Frederick Burridge. 119 N. Holmes Street, Scotia – “I’m not a very good speaker but I’ll try to do the best I can.  I attended last years meeting.  The board wanted to shorten the hunting by one month (the month of March).  There wasn’t anybody on this side of the table in favor of accepting your proposals.  There were landowners that bordered the preserve angry about off route motorcycles, ATV’s and trespassers going on their property but they weren’t against the hunters.  At the end of the meeting Jamie MacFarland said we will take this into consideration.  What part did you take into consideration?  You’re back again this year with more restrictions.  Your sign-in book wasn’t there today.  It was there back in January and February the last time I was there.  The whole box was gone. Park people came by to pick the trash up and I asked them where it was and they said someone had stolen it.  Your map doesn’t give any 1,2,3, north, south, east, A, B. C.  If you go in with a sign in sheet …. Sign in on what…………I’m going here …………there’s nothing stating how to get where you are going to be if I said that properly.  What have you done to enhance Sanders Preserve?  In 1997 Troop 67 of the Boy Scouts of America had an Eagle Project to put up bird houses and built two bridges.  Somebody has donated a couple of benches in memory of somebody.  I saw red and green trail markers that weren’t there last winter.  Have you called the Department of Environmental Conservation to have them look at the preserve?  They will do this for free, they would recommend what you should do to enhance wildlife and have a more productive wood life.  This isn’t a forever wild area.  You’re worried about hunting accidents.  There’s a 14 or 16 inch diameter tree lying across the trail 50 yards from the trail head south of the parking lot.  There is a widow maker 20 yards from the same trail head and has been there for at least 3 years.  Somebody did cut the branches to clear the trail.  The trunk is still 18-20 ft. in the air leaning against the remainder of the tree.  There are other branches and trees hanging throughout the preserve but you’re only worried about hunting accidents.  You people in the Planning Commission are bigoted and are prejudice against hunting and hunters which puts you in direct opposition of the Charter of this land.  I’m sorry if I offended the board with the last statement I made.”

                Steve Kingsley, 2814 Washout Road – “This is referring to Sign In/Sign Out.  I live at the north end of the preserve.  My back door…..sometimes it’s not convenient.  If I’m hunting out and I see a quarry going into the preserve that means I come out, get into my vehicle, back down the road, sign in, come back to my house and then go after it.  Is this the way it has to be.  I don’t understand why it should be and I also have acquaintances that boarder the preserve which I leave my property, go through the preserve to meet them and go elsewhere.  It’s not a very convenient thing to say sorry or I might go with them and hunt off the property as I’m going through these are some of the things that you have to take into consideration as far as “sign-in”.  Not everybody goes in and sets in one spot.  Some people still hunt, they’re going to still hunt the whole 300 acres or 200 and some acres or just a half.  How can you say I’m going to be in just one area?  There putting a restriction on people, I don’t see how it’s going to help any.”

                Councilman Denney – “I don’t think we’re proposing that you have to say you’ll have to be in a certain area, we’re saying is put the area that you intend to be in so if you intend to be in all three put those.  So that addresses the one issue and I do agree with you about your issue because you live near by, I do too and so that is going to be an inconvenience, I agree with that.”


                Gary McPherson, 7 Pembroke Street, Glenville – “I’ve been going to the Preserve now for probably 12-15 years.  I never knew there was a Sign-in/Sign-out box up at the main station.  I never knew what the main station was.  Were not talking about a parking area where you walk into the Adirondacks.  If you did I could understand the Sign-In/Sign-Out box and how it may work.  When you go up to the Adirondacks and you’re going to go doing the high peaks there is one trail head. You go and you park your car and there’s a box, you sign in and you come back out, you’re coming out that same point at which you went in and you parked your car and you sign back out.  We’re talking about an area that is only 300 acres but multiple entrances and multiple exits.  We’re talking about an area where you have people riding horses in one part of the park, through the park and out the other side of the park and would never see this trail head point, so to speak.  Same thing with bikers and same thing with hikers.  They’re never even going to go pass a single Sign-In/Sign-Out point.  I don’t think that it’s going to work.  I wish it would…it might be great if it did.  The only other issue that I want to bring up and I asked this question before the council, and that was what if I forget to sign in or what if I forget to sign out?  The answer I got, whether it was right or wrong was well, you could get a ticket for failing to sign-in or to sign-out.  Well, for either.  What’s this ticket going to cost met?  Well normally it’s about $250 right now, so I’m going to go into this park which is supposed to be a park for Glenville and because I forgot to sign out I can run the risk of getting a ticket or a fine or a summons?  I flew airplanes all over this world and we flew fight planes and everything else, I never paid a fine because I forgot to go and sign out. I may have been called home and asked why I didn’t cancel my flight plan, but I never received a fine.  If they’re going to try to do something with this sign-in/sign-out procedure fine, give it a try if that’s the case, see if it works. Don’t go telling a person or a group of people or bus of people that come in with their kids for their hike….and say John forgot to go and sign out and Mary did too and so did Nancy.  True this may be an exagerated portion but the point is that’s the way it is and that’s the way it’s going to be written in under current standards.  I think that if you want to give something a try, give it a try.  I’m a hunter; I’ll make every effort that I can to try and go and follow it.  I honestly don’t think it’s going to work.”

                Supervisor Mosher closed the public hearing at 8:40 PM.

                Next item on the agenda was the Privilege of the Floor.  No one wished to speak so Supervisor Mosher closed the Privilege of the Floor.

Supervisor’s Comments:

                Supervisor Mosher – “In the interest of time I’ll defer my comments to the September 7th Board Meeting.”

        RESOLUTION NO. 165-2005

Moved by:       Councilman Quinn
Seconded by:    Councilman Bailey

                NOW, THEREFORE, BE IT RESOLVED that the salary of the appointed official in the Town of Glenville commencing September 1, 2005 and ending December 31, 2005 shall be as follows:

        Dominick G. Macherone, Deputy Chief of Police   $76,317.00

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO.166-2005

Moved by:       Councilman Quinn
Seconded by:    Councilman Denney

                WHEREAS, a vacancy of a Public Safety Dispatcher currently exists in the Communications Section of the Police Department resulting from the resignation of Dispatcher Matthew LeVielle on May 31, 2005; and

                WHEREAS, the authorized and budgeted staffing in the Communications Section for 2005 is twelve Public Safety Dispatchers,

                NOW, THEREFORE, BE IT RESOLVED, that this Town Board does hereby agree to allow the Chief of Police to conduct interviews and appoint a successful candidate to the position of Public Safety Dispatcher contingent upon their completion of mandated requirements with an effective date to be assigned by the Chief of Police to allow for necessary administrative assignments; and

                BE IT FURTHER RESOLVED, that their compensation be as set forth in the current C.S.E.A. Contract for Town employees.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstention:             None
Motion Carried

        RESOLUTION NO. 167-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Russo

                WHEREAS Degraff Bloom Custom Builders, Inc., 1474 Division Street, Charlton, NY have petitioned the town Board of the Town of Glenville to establish an extension to Sewer District 5 of the Town of Glenville; and

                WHEREAS a public hearing on the petition filed by Degraff Bloom Custom Builders, Inc., to establish an extension to Sewer District 5 was held on the 20th day of June, 2005, in which all persons interested in the establishment in the extension were heard; and

                WHEREAS the proposed extension is a Type 2 action under the State Environmental Quality Review Act (SEQRA),

                NOW, THEREFORE, BE IT RESOLVED that the town Board of the Town of Glenville hereby determines and finds the following:

A.      The petition is signed and acknowledged as required by law and is otherwise sufficient.

B.      All of the property within the proposed extension to the Sewer District is benefited thereby.

C.      All the property and property owners benefited are included within the limits of the proposed extension to the Sewer District.

D.      It is in the public interest to grant in whole the relief sought which is the establishment of this extension to Sewer District 5 of the Town of Glenville,
and

                BE IT FURTHER RESOLVED that the property included within the extension to Sewer District 5 is identified on the Schenectady County Real Property Tax Service Agency tax maps as parcel 30.13-1-8, and

                BE IT FURTHER RESOLVED that there be no cost to the Town of Glenville or Sewer District 5 by reason of this extension, and


                BE IT FURTHER RESOLVED that the establishment of Extension No. 2 to Sewer District 5 as requested by the petition of Degraff Bloom Custom Builders, Inc., is hereby approved and the real property therein is as described as above.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 168-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS, Sandra Jane Pagano and Linda J. Pagano residing at 85 Skyway Drive, Glenville, NY, and Robert P. Lunkes and Maxine K Lunkes, residing at 81 Skyway Drive, Glenville, NY, have petitioned the Town Board of the Town of Glenville to establish an extension to Sewer District 9 of the Town of Glenville;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville adopts the following order:

ORDER

        1. A petition for the establishment of an extension to Sewer District 9 of the Town of Glenville has been filed with the Town of Glenville.

        2. The proposed extension includes the following parcels of land as identified on the Schenectady Real Property Tax Service Agency tax maps as parcels 22.18-2-31 and 22.18-2-33.

        3. There is no anticipated cost to the Town of Glenville for this extension to Sewer District 9.

        4. The Town Board of the Town of Glenville will hold a public hearing on the petition to establish this extension to Sewer District 9 on September 7, 2005 at 7:30 p.m., or as soon thereafter as it can be reached, at the Glenville Municipal Center, 18 Glenridge Road, Glenville, NY, to hear all persons interested in this extension to Sewer District 9 of the Town of Glenville, and

                BE IT FURTHER RESOLVED that a copy of this order, certified by the Town Clerk, be published at least once in the official newspaper of the Town, and that said publication be not less than ten (10) days nor more than twenty (20) days before September 7, 2005, the date for the public hearing; and

                BE IT STILL FURTHER RESOLVED that a copy of this order be posted on the sign board of the Town of Glenville not less than ten (10) days nor more than twenty (20) days before September 7, 2005, the date for the public hearing.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 169-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                WHEREAS, the Thomas Corners Volunteer Fire Department, located at 5 Airport Road, Glenville, N. Y., is the owner of certain mobile electric power generators; and

                WHEREAS, the Town has utilized in the past and desires to utilize in the future said generators at traffic intersections located within the Town as a backup system for its traffic lights in the event of an electrical power outage and other such emergency uses; and

                WHEREAS, the Fire Department is ready, willing and able to permit the Town to utilize, at no cost, said generators for said purpose,

                NOW, THEREFORE, BE IT RESOLVED that Clarence W. Mosher, Supervisor of the Town of Glenville is authorized to sign the Hold Harmless Agreement between the Thomas Corners Volunteer Fire Department and the Town of Glenville.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 170-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Quinn

                WHEREAS, in order to begin project work at Maalwyck Park under the $250,000 Land and Water Conservation Grant an archeological investigation is required; and

                WHEREAS, the Town of Glenville has received a proposal from Schenectady County Historian Don Rittner to perform this work; and

                WHEREAS, Mr. Rittner has performed other archeological investigations locally to the satisfaction of the State of New York’s regulatory authority; and

                WHEREAS, an intermunicipal agreement is necessary to acquire Mr. Rittner’s services through the County of Schenectady,

                NOW, THEREFORE, BE IT RESOLVED that the Supervisor of the Town of Glenville is hereby authorized to execute an intermunicipal agreement with Schenectady County for archeological services described in a proposal provided by Don Rittner, subject to the review and approval of the Town Attorney and Director of Human Services; and

                BE IT FURTHER RESOLVED that up to $15,000 be allocated for such work from the Subdivision Recreation Fee Fund (03.00.7110.4500), with reimbursements for one-half of that amount being returned to the fund when received.
Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstention:             None

Motion Carried

        RESOLUTION NO. 171-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                BE IT RESOLVED that the Monthly Departmental Reports for June and July 2005 as received from the following:

                Assessor’s Department
                Building Department     May, June, July
                Dog Control                     June
                Highway Department      June
                Justice Department
                Police Department
                Receiver of Taxes
                Section 8 Housing Payments
                Town Clerk's Office
                Water & Sewer Department        Jan, Feb, Mar, Apr, May

be, and they hereby are accepted, approved for payment and ordered placed on file.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 172-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Quinn

                BE IT RESOLVED, that the minutes of the special meeting held on June 15, 2005 be and they hereby are approved and accepted as entered.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO 173-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                BE IT RESOLVED, that the minutes of the special meeting held on July 20, 2005 be and they hereby are approved and accepted as entered.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 174-2005)

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                WHEREAS, a zoning map amendment application has been submitted by the New York Development Group to change the zoning of three vacant parcels (tax map #s 22-1-24, 22-1-8.1, and 22.15-3-28) off of Glenridge Road, Wilson Drive, and Lincoln Drive, totaling 39.1 acres, from Rural Residential and Agricultural (30.6 acres) and Suburban Residential (8.5 acres) to General Business; and

                WHEREAS, the purpose of the zoning map amendment is to allow for construction of a mixed use development (“Patriot Square”), which includes, tentatively, 270 condominium units and 100,000+ sq. ft. of retail, office, and restaurant space.

                WHEREAS, this action constitutes a “Type I Action” in accordance with the State Environmental Quality Review Act (SEQRA); and

                WHEREAS, the Glenville Town Board has assumed SEQRA Lead Agency in this instance; and

                WHEREAS, both the Glenville Environmental Conservation Commission and the Planning and Zoning Commission recommended that the Town Board find no significant adverse environmental impacts associated with this proposed zoning map amendment, and that the Board issue a SEQRA “Negative Declaration;”

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby determines that the proposed zoning map amendment by the New York Development Group will not result in a significant adverse environmental impact; and

                BE IT FURTHER RESOLVED, that the Glenville Town Board hereby issues a SEQRA “Negative Declaration” (attached) for this application, based on the following findings:

·       This rezoning application is reasonably consistent with the “Land Use Plan” and “Town Center” portions of the Town of Glenville Comprehensive Plan.  In terms of the “Land Use Plan,” the “Patriot Square” project will promote relatively high density residential development (270 condominiums), which is consistent with the “Hamlet Residential” land use category assigned to this site in the Comprehensive Plan.  Further, “Patriot Square” will result in the construction of a new road that will connect Glenridge Road and Rudy Chase Drive.  Such a road is called for in the “Town Center” portion of the Comprehensive Plan, and the much more detailed Town Center Master Plan.

·       As this application is for rezoning only, actual construction of the “Patriot Square” project is not authorized by this action.  The project may only proceed unless and until it receives site plan approval from the Town of Glenville Planning and Zoning Commission (PZC).

As part of site plan review, the PZC will consider impacts that typically result from construction (i.e. storm water runoff, increased traffic volumes, aesthetic impacts, noise, etc.).  Certain project elements that are evident in the conceptual design plan will minimize possible impacts.  One such project element is the proposed new road connecting Glenridge Road and Rudy Chase Drive.  This road is called for in the Town Center Master Plan to provide an alternate route for motorists using Route 50, and to lessen traffic volumes at the Route 50/Glenridge Road intersection.

Another project element that will help minimize impacts associated with storm water runoff and noise is the proposed open space/park along the eastern section of the project site.  This portion of the site will offer a pleasant park-like setting that will also help manage some storm water runoff, as well as buffer some of the noise associated with the nearby Schenectady County Airport.

·       This rezoning will not negatively impact the character of the community or neighborhood.  The development of condominiums and commercial space is consistent with the variety of land uses that lie adjacent to or near the “Patriot Square” site.  Neighboring land uses include retail, office, restaurant, civic, airport, single-family, and approved but not yet built apartments. As to possible impacts to neighboring single-family development at the western ends of Wilson Drive and Lincoln Drive, the proposed condominiums will be located in proximity to this single-family area, as opposed to the proposed commercial space which will be located directly behind the Glenville Municipal Center, Glenville branch of the Schenectady County Library, and Glenville History Center.  The condominiums offer a reasonable transitional use between existing and proposed commercial uses and the single-family neighborhood along Wilson Drive and Lincoln Drive.

·       This action will not adversely impact significant habitat areas, nor will it result in the destruction of large quantities of vegetation.  The project site exhibits relatively little vegetation, having been used in the recent past for pumpkin and strawberry production.
        
·       The “Patriot Square” project site advances some of the concepts of “smart growth” by increasing the density of development adjacent to Glenville’s “downtown,” in an area that can support higher density development due to the presence of public water and sewer, and a well-developed road network.  The proposed project is well situated, affording residents of the site easy (and walkable) access to Glenville’s commercial core, as well as to uses such as the Glenville Municipal Center, Library, History Center, and Post Office.  Walking is promoted through a planned series of sidewalks and paths that connect the project site to these neighboring uses.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 175-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                WHEREAS, the Town of Glenville has a grant for the Fire Training Facility from NY Urban Development, and

                WHEREAS, the Town of Glenville has need to purchase planning services from Saratoga Associates to be reimbursed by this grant in the amount of $20,118,

                NOW, THEREFORE, BE IT FURTHER RESOLVED that the Glenville authorizes the purchase of services from Saratoga Associates of $20,118, and the following budgetary transfers to fund the purchase:

Expense:
01.00.1220.4500 increased by $20,118 Planning Services (Fire Training Facility)

Revenue/Funds:
01.00.2770.0000 increased by $20,118 Reimbursement (Fire Training Facility)

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 176-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                WHEREAS, a zoning map amendment application has been submitted by the New York Development Group to change the zoning of three vacant parcels (tax map #s 22-1-24, 22-1-8.1, and 22.15-3-28) off of Glenridge Road, Wilson Drive, and Lincoln Drive, totaling 39.1 acres, from Rural Residential and Agricultural (30.6 acres) and Suburban Residential (8.5 acres) to General Business; and

                WHEREAS, the purpose of the zoning map amendment is to allow for construction of a mixed use development (“Patriot Square”), which includes, tentatively, 270 condominium units and 100,000+ sq. ft. of retail, office, and restaurant space; and

                WHEREAS, the Glenville Town Board, as SEQRA Lead Agency, has issued a SEQRA “Negative Declaration” for this action,

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board hereby approves the proposed zoning map amendment by the New York Development Group to rezone three parcels totaling 39.1 acres from Rural Residential and Agricultural and Suburban Residential to General Business; and

                BE IT FURTHER RESOLVED, that the approval of this zoning map amendment application is based on the following findings:

·       This proposal is reasonably consistent with certain elements of the Town of Glenville Comprehensive Plan.  For example, the “Land Use Plan” portion of the Comprehensive Plan calls for this property to be used as “Hamlet Residential,” which is a classification that encourages relatively high density residential development due to the availability of water and sewer.  The condominium portion of the “Patriot Square” project is consistent with the desired higher density residential development.

Also, the “Patriot Square” proposal would include a new road connecting Glenridge Road and Rudy Chase Drive.  This is consistent with the “Town Center” section of the Comprehensive Plan, which calls for a new “loop connector road” in this general location.  

·       The “Patriot Square” project is consistent with elements of the Town Center Master Plan.  Even though the project site is not located within the primary study area boundary of the Town Center, it is adjacent to the Town Center.  Development of “Patriot Square” would    result in construction of the new service road connecting Glenridge Road and Rudy Chase Drive.  This feature is called for and detailed in the Town Center Master Plan.

·       Development of 270 condominium units on the fringe of the Town Center also advances the Town’s desire to increase the number of housing units and density of residential development in the vicinity of the Town Center.  More and higher density housing around the Town Center results in more patrons for Town Center businesses.  It also allows residents to be able to walk and/or bike to the Town Center, thus cutting down on automobile traffic somewhat.

·       More and higher density housing, with pedestrian connections to the Town Center, also results in a more vibrant “downtown,” with the possible introduction of a “nightlife” to Glenville’s commercial core.

·       The land uses in the vicinity of the “Patriot Square” site are varied, ranging from retail, office, restaurant, civic, airport, and single-family housing, to name a few.  The proposed commercial element of “Patriot Square” is consistent the nearest neighboring land uses which include the Glenville Municipal Center, the Glenville branch of the Schenectady County Library, and K-Mart.

As for the condominium portion of the “Patriot Square” project, this form of housing offers a reasonable transitional use between the commercial, office, and institutional uses to the north, south and southwest, and the primarily single-family residential uses to the west.  The proposed condominiums will also complement the recently approved “Hampton Run” project, which calls for 90 units of apartments between the “Patriot Square” site and K-Mart and Harding Boulevard.

·       The development of the “Patriot Square” project on this property should not negatively affect nearby property values.  On the contrary, the developer has committed to a high quality mixed use development that will be considered “upscale” by the standards of the current neighborhood, thus resulting in a likely increase in adjacent market values.

Further, the developers have indicated that they will not consider a number of uses that could detract from a quality “downtown,” including automobile dealerships, gas stations, car washes, laundromats, and personal wireless service facilities (cell towers), to name a few;

and

                BE IT FURTHER RESOLVED, that this zoning map amendment is approved on the condition that this property is not to be developed any more intensely or at a greater density than indicated on the New York Development Group’s conceptual plan, titled “Sketch Plan – Patriot Square,” dated June 15, 2005, by Lansing Engineering, PC, which calls for up to 270 condominium units and 250,000 sq. ft. of commercial/retail/restaurant space; and

                BE IT FURTHER RESOLVED, that the applicant, per the “Addendum to the Long Form Environmental Assessment Form,” dated June 27, 2005, has committed to never allowing a number of land uses on the property to be rezoned, with said stipulation to be enforced via deed restrictions, and with said prohibited uses being fraternities, “big box”-type stores, automobile dealerships, automobile repair shops, gasoline service stations, car washes, boarding houses, personal wireless service facilities (cell towers), laundromats, veterinary clinics, animal training facilities, kennels, and animal hospitals with completely enclosed pens and kennels; and

                BE IT FURTHER RESOLVED, that should the applicant or any subsequent landowner of this property propose to develop the site in a manner that is inconsistent with the conceptual plan submitted by the New York Development Group, or develop the property in whole or in part with any of the “restricted” land uses noted above, the zoning of this property is to revert to the Rural Residential and Agricultural and Suburban Residential zoning districts that existed prior to the zoning change to General Business.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

        RESOLUTION NO. 177-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Bailey

                BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session in order to discuss contract negotiations between the Town and the Highway Bargaining Unit, CSEA, Police Benevolent Association as well as a personnel matter relating to the Chief of Police.

Ayes:           Councilmen Russo, Denney, Quinn, Bailey and Supervisor Mosher
Noes:           None
Absent: None
Abstention:             None

        Motion Carried

                Motion to adjourn was moved by Councilman Denney and seconded by Councilman Russo.

                The Town of Glenville Board Meeting was adjourned at 11:31 PM.




ATTEST:




_____________________________
Linda C. Neals,
Town Clerk