Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Meeting Minutes 6/13/2007
SPECIAL MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
JUNE 13, 2007
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


Present:        Supervisor Frank X. Quinn, Councilmen, Robert E. Bailey, Mark A. Quinn, Edward F. Rosenberg and Councilwoman Valerie M. DiGiandomenico

Absent: None

                Supervisor Quinn called the meeting to order at 7:30 PM and led us in the Pledge of Allegiance.

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

RESOLUTION NO. 140-2007

Moved by:       Councilwoman DiGiandomenico
Seconded by:    Councilman Quinn

                WHEREAS, a zoning map amendment application has been submitted by Lowe’s Home Centers, Inc. to change the zoning of 19+ acres of a portion of the Piotrowski property off of Freemans Bridge Road (tax map # 30.-1-24.32) from Research/Development/Technology (RDT) to General Business (GB); and

                WHEREAS, the purpose of the zoning map amendment is to allow for construction of a 171,069 sq. ft. home improvement store; and

                WHEREAS, pursuant to New York State Town Law and the Town of Glenville Zoning Ordinance, the Glenville Town Board held a public hearing on this rezoning application on May 16, 2007; and

                WHEREAS, the Glenville Planning & Zoning Commission, as SEQRA Lead Agency for this project, which also requires subdivision and site plan approval, 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 Lowe’s Home Centers, Inc. to change the zoning of 19+ acres from Research/Development/Technology to General Business; and

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

·       This proposal is consistent with the land use plan portion of the Freemans Bridge Road Master Plan, in that the Master Plan targets the project site for “commercial/mixed use” development.  Further, the Lowe’s proposal includes construction of a portion of the proposed road outlined in the Master Plan that would connect Freemans Bridge Road and Sunnyside Road.

·       While it may be somewhat difficult to reconcile a proposed “big box” store with the traditional development pattern of growth being advocated in the Freemans Bridge Road Master Plan, it should be noted that the land use plan portion of the Master Plan does permit large-scale retail development.


        Also, the addition of sidewalks and streetscaping along Lowe’s driveway/access road recognizes the need for pedestrian accommodation, one of the key tenets of traditional design.  And even though Lowe’s customers are unlikely to use roadside sidewalks given the type of merchandise that is sold at Lowe’s (home improvement goods typically must be transported by motor vehicles), subsequent commercial and/or residential development of the Piotrowski property west of the Lowe’s store could very well generate pedestrians, and thus a demand for sidewalks interconnecting new development projects and connecting new development with Freemans Bridge Road itself.

·       The land uses in the vicinity of the Lowe’s site along Freemans Bridge Road are primarily commercial in nature.  Small scale retail, “big box” retail, automotive, restaurant, and warehousing-type uses can all be found within a short distance of the Lowe’s project site.  Consequently, the rezoning proposal is reasonable, given the fact that this will give rise to a commercial use that will be complementary to the existing land use pattern.

·       The rezoning of the Lowe’s project site should not negatively affect nearby property values.  On the contrary, development of a nationally recognized retail store in an already predominantly commercial area should have a positive effect on nearby property values.  Further, construction of the access road, along with water and sewer utilities within the right-of-way, renders otherwise landlocked property to the west of the project site well-suited for commercial and/or multi-family residential development.  

It could be argued that had the current zoning (RDT) remained in place; there would have been a greater potential for development that could negatively impact property values, since the RDT is an industrial zoning district.  For example, the RDT district permits automobile repair shops, equipment rental agencies, manufacturing operations and other uses that can bring down surrounding property values.

Ayes:           Councilmen Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            Councilman Rosenberg

Motion Carried

RESOLUTION NO. 141-2007

Moved by:       Councilman Bailey
Seconded by:    Councilman Rosenberg

                WHEREAS, a Petition, Map and Plan were previously filed with the Town Board, and said Map and Plan having been prepared by a duly licensed surveyor and engineer, showing the boundaries of the proposed Extension, and the general plan of the proposed Water System therein, in accordance with the Town Law, and

                WHEREAS, this Town Board did call a public hearing to be held on May 16, 2007, and due notice of said public hearing was given, as required by the Town Law, and the said Town Board having a public hearing on May 16, 2007, in connection therewith, and evidence having been taken at the said public hearing in connection with the relief asked for, and after due consideration having been given in connection with the proceeding and the evidence produced at the said public hearing,

                IT IS DULY

                ORDERED, that the Town Board of the Town of Glenville does hereby DETERMINE as follows:

(a)     The Petition in this proceeding has been filed and acknowledged or proved as required by law, and said Petition is otherwise sufficient;

(b)     That all property and property owners within the proposed Extension are benefited thereby;

(c)     That all property and property owners benefited are included within the limits of the proposed Extension;

(d)     That it is in the public interest to grant, in whole, the relief sought,

                AND IT IS FURTHER

                ORDERED, that this Town Board does hereby approve of the establishment of said Extension, as asked for in said Petition, and does also approve of the construction of the improvement asked for in said Petition, and in accordance with the Map and Plan filed therewith at a cost to be paid by the petitioner, and no part of which is to be raised by borrowing.

                AND IT IS FURTHER

                ORDERED, that this Town Board further determines that the Petition in this matter complies with the requirements of Section 191 of the Town Law as to the sufficiency of signers, and the boundaries set forth in said Petition.

                AND IT IS FURTHER

                ORDERED, that the said properties described in said Petition, as set forth on the Map accompanying the same, be and the same are hereby annexed to Water District No. 11 of the Town of Glenville, to be known as Extension No. 34 to Water District No. 11.

        The approval herein of the establishment of said Extension includes a certain tract, piece or parcel of land located in the Town of Glenville, County of Schenectady and State of New York, more particularly bounded and described as “Mortensen Apartment Project” prepared by John M. McDonald, Engineering, P.C., and as set forth in Exhibit "A" attached hereto and made a part hereof.

                AND IT IS FURTHER

                ORDERED, that the construction work asked for in said Petition be, and the same is hereby authorized in accordance with the Map and Plan accompanying the same, at a total cost to be paid for by the petitioner, and the necessary work, as shown on said Map and Plan as asked for in said Petition, together with the necessary legal, engineering, and other lawful expenses and disbursements are hereby authorized in connection therewith; which such total cost shall not exceed the amount set forth above.

                AND IT IS FURTHER

                ORDERED, that the Town Clerk be, and she hereby is, directed to have a certified copy of these ORDERS and DETERMINATIONS of this Town Board duly recorded in the Office of the County Clerk of the County of Schenectady, and a certified copy thereof also filed with the STATE COMPTROLLER OF THE STATE OF NEW YORK within ten (10) days after the adoption of the same, and when so recorded, such ORDERS and DETERMINATIONS shall be presumptive evidence of the regularity of the proceedings of this Extension, and the construction work asked for therein.


                AND IT IS FURTHER

                ORDERED, that the Plans and Specifications for said improvement, prepared by John M. McDonald Engineering, P.C., are approved.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 142-2007

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

                WHEREAS, a Petition, Map and Plan were previously filed with the Town Board, and said Map and Plan having been prepared by a duly licensed surveyor and engineer, showing the boundaries of the proposed Extension, and the general plan of the proposed Sewer System therein, in accordance with the Town Law, and

                WHEREAS, this Town Board did call a public hearing to be held on May 16, 2007, and due notice of said public hearing was given, as required by the Town Law, and the said Town Board having a public hearing on May 16, 2007, in connection therewith, and evidence having been taken at the said public hearing in connection with the relief asked for, and after due consideration having been given in connection with the proceeding and the evidence produced at the said public hearing,

                IT IS DULY

                ORDERED, that the Town Board of the Town of Glenville does hereby DETERMINE as follows:

(a)     The Petition in this proceeding has been filed and acknowledged or proved as required by law, and said Petition is otherwise sufficient;

(b)     That all property and property owners within the proposed Extension are benefited thereby;

(c)     That all property and property owners benefited are included within the limits of the proposed Extension;

(d)     That it is in the public interest to grant, in whole, the relief sought,

                AND IT IS FURTHER

                ORDERED, that this Town Board does hereby approve of the establishment of said Extension, as asked for in said Petition, and does also approve of the construction of the improvement asked for in said Petition, and in accordance with the Map and Plan filed therewith with all cost is to be paid by the Petitioner, and no part of which is to be raised by borrowing.

                AND IT IS FURTHER

                ORDERED, that this Town Board further determines that the Petition in this matter complies with the requirements of Section 191 of the Town Law as to the sufficiency of signers, and the boundaries set forth in said Petition,

                AND IT IS FURTHER

                ORDERED, that the said properties described in said Petition, as set forth on the Map accompanying the same, be and the same are hereby annexed to Sewer District No. 2 of the Town of Glenville, to be known as Extension No. 1 to Sewer District No. 2

                The approval herein of the establishment of said Extension includes a certain tract, piece or parcel of land located in the Town of Glenville, County of Schenectady and State of New York, more particularly bounded and described as “Mortensen Apartment Project”, prepared by John M. McDonald Engineering, P.C., and as set forth in Exhibit "A" attached hereto and made a part hereof.

                AND IT IS FURTHER

                ORDERED, that the construction work asked for in said Petition be, and the same is hereby authorized in accordance with the Map and Plan accompanying the same, at a total cost to be paid for by the Petitioner, and no part of which is to be raised by borrowing, and the necessary work, as shown on said Map and Plan as asked for in said Petition, together with the necessary legal, engineering, and other lawful expenses and disbursements are hereby authorized in connection therewith; which such total cost shall not exceed the amount set forth above.

                AND IT IS FURTHER

                ORDERED, that the Town Clerk be, and she hereby is, directed to have a certified copy of these ORDERS and DETERMINATIONS of this Town Board duly recorded in the Office of the County Clerk of the County of Schenectady, and a certified copy thereof also filed with the STATE COMPTROLLER OF THE STATE OF NEW YORK within ten (10) days after the adoption of the same, and when so recorded, such ORDERS and DETERMINATIONS shall be presumptive evidence of the regularity of the proceedings of this Extension, and the construction work asked for therein.

                AND IT IS FURTHER

                ORDERED, that the Plans and Specifications prepared by John M. McDonald Engineering P.C., for the said improvements, are approved.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 143-2007

Moved by:       Councilman Bailey
Seconded by:    Councilman Rosenberg

                WHEREAS, the Town Board authorized the advertisement for bidding with resolution number 138-2007 for the purchase of one trailer mounted sectional sewer rodder; and

                WHEREAS, bids were received and opened on Monday, June 4, 2007; and

                WHEREAS, only one bid was received from Sreco Flexible in the sum of $22,000,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby awards the bid to Sreco Flexible Inc. as the lowest responsible and only bidder in a sum not to exceed $22,000.

Ayes:           Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstention:             None


Motion Carried

Resolution No. 144-2007

Moved by:       Councilman Bailey
Seconded by:    Councilman Quinn

        WHEREAS, on April 4, 2007, the Town Board of the Town of Glenville found and determined that it was in the public interest to provide for the improvements to the facilities of Alplaus Sewer District No. 1 and Alplaus Sewer Extension No. 1; and

        WHEREAS,        the contract for the general construction of  Alplaus Sewer District No. 1 and Alplaus Sewer Extension No. 1 – Contract 1-06G (Sanitary Sewer Main and Pump Stations Construction) was put to bid with the bids being opened on October 10, 2006; and

        WHEREAS, the bids have been reviewed by Richard D. LeClair, Commissioner of Public Works and Mark L. Kestner, the town designated engineer, and both of whom recommend awarding the contract to the low bidder:  Carver Construction Inc. of Altamont, NY.

        NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Glenville hereby accepts the bid of Carver Construction, Inc., 494 Western Turnpike, Altamont, NY, and awards it the contract for the general construction of Alplaus Sewer District No. 1 and Alplaus Sewer Extension No. 1 – Contract 1-06G (Sanitary Sewer Main and Pump Stations Construction) as set forth in the bid specifications at a cost not to exceed $2,091,678.00; and

        BE IT STILL FURTHER RESOVED that Frank X. Quinn, Supervisor of the Town of Glenville, is authorized to sign all documents necessary to complete this contract and the project.

        BE IT STILL FURTHER RESOVED that Resolution No. 139-2007 previously adopted on May 16, 2007 is hereby rescinded and superseded.

Ayes:   Councilmen Rosenberg, Quinn, Bailey, Councilwoman DiGiandomenico and Supervisor Quinn
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

                Motion to adjourn was moved by Councilwoman DiGiandomenico and Seconded by Councilman Rosenberg.


                The Town of Glenville Town Board Meeting was adjourned at 7:45 PM.




ATTEST:




______________________________
Linda C. Neals
Town Clerk