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Planning & Zoning Commission Minutes 06/11/2007
Town of Glenville
Planning and Zoning Commission
Monday, June 11, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Vice Chairman Mark Storti, Walter Pryne, Jim Gibney, and Tom Bodden

Excused:        Steve Marsh and Chairman Mike Carr

Also Attending: Paul Borisenko, Building Inspector, Peg Huff, Town Attorney, Kevin Corcoran, Town Planner, Edward Rosenberg, Town Board Liaison, and Chris Flanders, Recording Secretary


1.      Approval of the minutes of the May 14, 2007 meeting as presented.

Motion:  W. Pryne        Seconded:  J. Gibney
Vote:   Ayes: 4 Noes: 0 Absent: 2
   MOTION CARRIED

2.      Robert Mortensen                                                Site Plan Review
        1203 Amsterdam Road                                     (Final – Public Hearing)
                                                                                        
The applicant is seeking approval to construct 16 apartments in two buildings on a 2.8-acre parcel.  The project will be served by extended public water service and existing sanitary sewer service.  The project site is located on the south side of Amsterdam Road (NYS Route 5), across from the eastern end of the Scotia-Glenville Industrial Park, and abutting Maalwyck Park.  The property is located in a Multi-Family Residential zoning district.  

Mr. Mortensen described the project and provided renderings of the two 8-unit buildings with the garages facing the front.  He stated he talked with representatives of NYS DOT regarding borings under Amsterdam Road and regarding ownership of the sewer pumps (a force main will be installed) and he can proceed.  He also spoke with Parks Director James MacFarland regarding a joint coordination effort for water and sewer connections with Maalwyck Park.

Mark Storti opened the public hearing.  With no one wishing to comment, M. Storti closed the hearing.

P. Huff asked the applicant if he has had any further conversations with J. MacFarland regarding utilizing the walking trail from his property and R. Mortensen said he will maintain the road to the rear of his property to the same elevation of the trail.  He was asked to submit a ‘hold-harmless’ agreement to the Town.  
Planning & Zoning Commission Minutes
June 11, 2007
Page 2

J. Gibney noted that the local fire department has provided a letter of approval and that the applicant has obtained the necessary variances.

MOTION

In the matter of the site plan review by Robert Mortensen, for two 8-unit apartment buildings located at 1203 Amsterdam Road, (NYS Route 5), the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.

Motion:  J. Gibney       Seconded:  T. Bodden
Vote:   Ayes: 4 Noes: 0 Absent: 2
               MOTION CARRIED
MOTION

In the matter of the final site plan review application by Robert Mortensen for two 8-unit apartment buildings located at 1203 Amsterdam Road (NYS Route 5), the Planning and Zoning Commission hereby conditionally approves the application.

Conditions of Approval:

1)  The applicant agrees to coordinate connection for water and sewer service with the Town of Glenville/Maalwyck Park.  

2)  The applicant agrees to maintain the road in the rear at the same elevation of the walking trail and to provide a letter stating such agreement.  Further, until such time as the walking trail is coordinated at the upper end of the parcel, the applicant will provide a ‘hold-harmless’ agreement to the Town of Glenville while utilizing the Town unpaved access road for ingress and egress to Maalwyck Park.

3)  Further, this Commission finds that a proper case exists for requiring the applicant to provide suitable land for park or playground purposes.  The need for additional park and recreation facilities has been documented in the Comprehensive Plan, in addition to having been identified by both the Glenville Park Planning Committee and the Community Center Planning Committee.  However, due to the proximity of existing recreation/park facilities, this Commission finds that the imposition of an in-lieu-of fee is more appropriate than land dedication for this particular site plan.  The recreation fee to be levied is $400.00 per dwelling unit.  In this case, the applicant is hereby required to pay a recreation impact fee of $6,400 (16 apartment units x $400 per unit).

Motion:  J. Gibney       Seconded:  W. Pryne
Vote:   Ayes: 4 Noes: 0 Absent: 2
              MOTION CARRIED
Planning & Zoning Commission Minutes
June 11, 2007
Page 3

3.      Pat Popolizio                                                   Site Plan Review
        2 Freemans Bridge Road                                  (Final – Public Hearing)
                                                                                        
This application involves the review of an already-built outdoor barbecue/cooking structure in the front of the Water’s Edge Lighthouse Restaurant and a proposed pavilion in the rear of the property.  The property is located in the Riverfront Recreation/Commercial zoning district.  

Mr. Popolizio and Gilbert VanGuilder, P.E., were present to address the Commission.

G. VanGuilder stated that the applicant has received a variance for the barbecue adjacent to the state boat launch.  He said NYS (Canal Corp.) is amendable to conveying the strip of land to the applicant for ownership and use.  

G. VanGuilder said the plan has been updated to show existing parking spaces for the restaurant and those proposed for the 4,000 sq. ft. pavilion in the rear.  Access is denoted to and from the temporary (seasonal use) spaces, as are arrows indicating traffic flow.

G. VanGuilder said he has a letter from Schenectady County granting permission to utilize port-a-john facilities until connection to municipal sewers by the 2008 season.

The front pavilion area will be for seasonal use with about 50 seats.  He stated the parking required for the employees, restaurant use and pavilion use has been exceeded and is indicated on the site plan.  G. VanGuilder also said that plantings will be used to delineate the top of the embankment for safety reasons.  The cooking area and bar will be connected to public sewers.  Regarding erosion control, G. VanGuilder said land will only be disturbed where the pavilion is to be built; there will be no permanent fixtures as the pavilion is located in a 100-year event flood zone.

M. Storti opened the public hearing.

With no one wishing to comment on this project, the public hearing was closed.

T. Bodden asked when the rear pavilion would be built and P. Popolizio responded that he would expect it to be in use this summer.

P. Huff asked by what date the applicant planned to connect to public sewers and after discussion, it was agreed that May 15, 2008 would be a feasible date.  G. VanGuilder said that the hook-up would go through the grass median and then cross the existing blacktop.


Planning & Zoning Commission Minutes
June 11, 2007
Page 4

M. Storti noted that the Department of Environmental Conservation erected signs reading for boat launch parking only, and that enforcement would also be by DEC.  He also said that the applicant appears to be getting close to disturbing over one-acre of land and that stormwater management must be considered.  He asked that the applicant work with the Engineering Department regarding that issue.  He asked if there is any new paving since the last presentation of this project, and G. VanGuilder stated only striping has been done.  P. Popolizio said a fence has been removed and some asphalt has been patched.

M. Storti asked about the area of 47 parking spaces and G. VanGuilder said it is a gravel surface; it will be smoothed, but not paved.

M. Storti asked if the bathroom in the cinderblock structure is now in use and he was told that it is in use and is on an on-site septic system.  

K. Corcoran stated the site plan is not complete; G. VanGuilder said he will show the building and missing patio area on the final site plan.

MOTION

In the matter of the final site plan review application by Pat Popolizio for an already-built outdoor barbecue/cooking structure in the front of the Water’s Edge Lighthouse Restaurant and a proposed pavilion in the rear of the property, located at 2 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.

Conditions of Approval:

1)      The applicant agrees to connect to municipal sewers no later than May 15, 2008 and prior to any use of the facility in 2008.
2)      The applicant agrees there will be no restaurant parking within the confines of the boat launch property except those times when the boat launch is not in operation.  
3)      The final site plan is to be modified to properly show the restaurant patio area.

Motion:  J. Gibney       Seconded:  T. Bodden
Vote:   Ayes: 4 Noes: 0 Absent: 2
              MOTION CARRIED

4.      Jerry Riggi & Sons, Inc.                                        Major (4-lot) Subdivision
        Mohawk Avenue and Cramer Avenue                 (Preliminary)

The applicant is proposing a major subdivision (extension of utilities triggers the “major” label) consisting of four new single-family lots on a 2.6-acre parcel.  The site is located on the
Planning & Zoning Commission Minutes
June 11, 2007
Page 5

southwest corner of Route 5 and Cramer Avenue.  Public water will be extended from Glen Avenue and sanitary sewer service provided by a low pressure force main.  The parcel is located within the Suburban Residential zoning district.  

Luigi Palleschi, ABD Engineering, described the project.  He said there will be three driveways; to reduce curb cuts, two driveways have been combined.  Water and sewer service has been requested from the Village of Scotia, and is in the approval process now.  A 25’ easement will be deeded to the Village.  Each lot will have its own drywell for stormwater management.

T. Bodden stated that through discussions with Dana Gilgore, Town of Glenville Engineering Department, dry well placement and maintenance access is questioned.  D. Gilgore suggested retention basins may be a better solution, or possibly to connect to the Village of Scotia stormwater system.  L. Palleschi said he would look into these options.  

P. Huff noted that one of D. Gilgore’s concerns is that the project may not be in compliance with NYS DEC Phase 2 stormwater regulations.  L. Palleschi said each lot disturbance is under the one-acre threshold and M. Storti noted that the number is cumulative.  

T. Bodden asked about sidewalks.  L. Palleschi said he will pursue the question with the NYS Department of Transportation.

Discussion followed about the size of the water line – 12” vs. 8” for future connections and the valve size.  This would be the case if service is provided by the Town.  A letter from the Scotia Department of Public Works is requested regarding water and sewer service and maintenance access requirements.  L. Palleschi will meet with Dana Gilgore to discuss additional engineering specifications.

M. Storti asked that if the Department of Transportation approved of the three driveway curb cuts, wording be added to the deeds of the parcels with combined driveways.

The applicant and the Commission mutually agreed to continue this application at the next Planning and Zoning Commission meeting.


5.      Bernard Mericle                                         Minor (2-lot) Subdivision
        Gower Road                                                      (Preliminary)

This project involves the establishment of a five-acre residential building lot from a 46-acre parent parcel.  The project site is located on the west side of Gower Road, with the parent parcel beginning just north of the railroad tracks, and the new building lot being located approximately

Planning & Zoning Commission Minutes
June 11, 2007
Page 6

4/10 of a mile north of the railroad.  The project site is located in the Rural Residential and Agricultural zoning district.    

Mr. Mericle addressed the Commission.  He said he would like to subdivide this parcel to allow his daughter and son-in-law to build a home.  He has provided a letter stating he has no further plans to subdivide within the next 18-month period.

MOTION

In the matter of the preliminary minor subdivision application by Bernard Mericle for a two-lot subdivision located at his property on Gower Road, the Planning and Zoning Commission hereby approves the preliminary application.  

The Commission hereby schedules a public hearing for July 9, 2007 to consider the final minor subdivision application.

Motion:  J. Gibney       Seconded:  T. Bodden
Vote:   Ayes: 4 Noes: 0 Absent: 2
              MOTION CARRIED


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, July 9, 2007.  The agenda meeting will be held on Monday, July 2.  With no further items on the agenda, the meeting was adjourned at 8:50 p.m.


Submitted by:   Filed with the Town Clerk:      

______________________________  ______________________________
Chris Flanders, Stenographer                                    Linda C. Neals