Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Planning & Zoning Commssion Minutes 11/19/2007
Town of Glenville
Planning and Zoning Commission
Monday, November 19, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Mike Carr, Walter Pryne, Tom Bodden, and Jim Gibney

Absent: Mark Storti, Steve Marsh        

Also Attending: Kevin Corcoran, Town Planner, Ed Rosenberg, Town Board Liaison, and Chris Flanders, Recording Secretary


Chairman Carr noted that Attorney Peg Huff would not be attending the meeting tonight as she is visiting her new grandchild.  The commission heartily congratulates her and her family.


1.      Approval of the minutes of the October 8, 2007 meeting as presented.

Motion:  W. Pryne        Seconded:  T. Bodden
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED


2.      Jerry Riggi & Sons, Inc.                                        Major (4-lot) Subdivision
        Mohawk Avenue and Cramer Avenue                 (Final – Public Hearing)
                                                                                        
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 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.

Tom Andress, ABD Engineering, represented Mr. Riggi in this application.  He said the lots vary in size from one-half acre to seven-tenths of an acre.  He has been working with the Engineering Department in the design of the stormwater management plan as this property drains to lands below it.  The lots will each have a detention basin in the rear which will be deed restricted.  The slightly depressed grassy area should alleviate some of the standing water issues in neighboring yards.  M. Carr noted that the previous designs have been modified, soil has been tested, and Dana Gilgore, Town of Glenville Engineering, tentatively approves of the final submission.


Planning & Zoning Minutes
November 19, 2007
Page 2

M. Carr read comments from Mrs. D’Amico, 707 Glen Avenue, to be added to the record.  She is in favor of the project and the addition of tax revenue.

Chairman Carr opened the public hearing.

Gertrude Hayford, 708 Glen Avenue, voiced concerns about drainage.  Her lot is in the rear of proposed Lot #3.  T. Andress stated that he is aware of concerns generated by the lot located on the opposite side of Cramer Avenue.  This system has been revised to allow the surface-water to travel through the clay layer into the more porous material located underneath.  This system should actually aid the existing homeowners on Glen Avenue.

M. Carr explained what deed restrictions and set-back restrictions would mean to the neighbors.

With no one wishing to speak any further, the public hearing was closed.

J. Gibney noted that the only way something could be built within a set-back would be if a variance were granted, and based on the decision and discussions of the Planning and Zoning Commission, that would be unlikely.

MOTION

In the matter of the major subdivision application by Jerry Riggi & Sons, Inc., for a 4-lot subdivision located at the corner of Cramer Avenue and Mohawk Avenue, 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 major subdivision application by Jerry Riggi & Sons, Inc. for a 4-lot subdivision located at the corner of Cramer Avenue and Mohawk Avenue, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:




Planning & Zoning Minutes
November 19, 2007
Page 3

The proposed use takes into consideration the relationship of this project to the neighborhood and the community, and the best use of the land being subdivided.  Factors considered include:

·       Compliance with the requirements of the Zoning Ordinance and the policies of the Comprehensive Plan.
·       Logical arrangement, location and width of streets.
·       The lots’ and street(s)’ relationship to the topography of the site.
·       Adequacy and arrangement of water supply, sewage disposal and drainage.
·       Adequacy of lot sizes to achieve the above.

Conditions of Approval:

1)      The four-lot subdivision will have detention basins for mitigating surface-water runoff.
2)      The detention basin locations, dimensions and maintenance requirements will be outlined on the subdivision map and restrictions placed in the deed stating no building on or disturbance of the detention basins is allowed.
3)      All lots are to be connected to the sanitary sewer system and public water system.

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 small number of lots in this particular subdivision, and the physical constraints of this particular site; this Commission finds that the imposition of an in-lieu-of fee is more appropriate than land dedication for this particular subdivision.  The recreation fee to be levied is $1,000.00 per new lot.  In this case, the applicant is hereby required to pay a fee of $3,000.

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

The motion was amended to include the proximity of existing recreation/park facilities, specifically Maalwyck Park, as a factor for the imposition of the in-lieu-of fee levy.

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


Planning & Zoning Minutes
November 19, 2007
Page 4

3.      Nancy Cappiello                                         Site Plan Review
        562 Saratoga Road                                               (Final – Public Hearing)
                                                                                        
The applicant is seeking site plan approval to convert an existing detached garage into an exercise room, which in turn will be leased by a sports trainer for instructional services.  The parcel is located on the northeast corner of Kile Drive and Saratoga Road, within a Professional/Residential zoning district.

Gina Sabatini, sports trainer, represented Ms. Cappiello in her absence.  M. Carr asked if the reference to the shower was removed from the site plan, as a shower will not be allowed in the out building.  Ms. Sabatini said that reference has been removed.  

Chairman Carr opened the hearing to the public.  With no one wishing to speak about this application, the public hearing was closed.

J. Gibney noted that Dana Gilgore had expressed satisfaction that the existing septic system is adequate for the facility.

MOTION

In the matter of the site plan review application by Nancy Cappiello, for a training/exercise room in an existing building located at 562 Saratoga Road, 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 Nancy Cappiello for a training/exercise room in an existing outbuilding located at 562 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

1.      The proposed use does conform to other applicable provisions of the Zoning Ordinance, including, but not limited to, building design, off-street parking requirements, building setbacks.

2.      The proposed use does exhibit adequate and logical vehicular access and circulation, including intersections, road widths, curbing, and traffic controls.

Planning & Zoning Minutes
November 19, 2007
Page 5

3.      The proposed use does exhibit satisfactory pedestrian access and circulation, including separation of pedestrian traffic from automobile traffic, the placement and usefulness of on-site sidewalks and walkways, the accommodation for pedestrians at adjacent street intersections, and overall pedestrian and bicyclist safety and convenience.

4.      The proposed use does exhibit adequate and logical location, arrangement, and setting of off-street parking and loading areas.

5.      The proposed use does provide for the adequate type and arrangement of trees, shrubs, and other landscaping elements, as they relate to visual and noise buffering of adjacent sites and the reduction of visual impacts from the street.

6.      The proposed use does demonstrate adequate provisions for the collection and/or disposal of storm water, sanitary waste, and garbage; there is no change.

7.      The proposed use will allow for adequate on-site snow plowing and snow storage.

8.      The proposed use does demonstrate adequacy and durability of structures, roadways, utilities, and landscaping in areas with moderate to high susceptibility to flooding, ponding, and/or erosion.

9.      The proposed use does retain existing trees and vegetation for aesthetic reasons, and minimize soil erosion and siltation.

10.     The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.

11.     The proposed use does provide suitable open space for buffering and/or recreation purposes.

Conditions of Approval:

1.  There are to be no shower provisions in the outbuilding.
2.  The Town of Glenville Engineering Department is satisfied that the septic system is adequately designed for the intended use.

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



Planning & Zoning Minutes
November 19, 2007
Page 6

4.      Michael Pelkey                                          Minor (2-lot) Subdivision
        89 Swaggertown Road                                     (Final – Public Hearing)                                                                                         
The applicant is proposing a two-lot subdivision that would result in the creation of a 30,000 sq. ft. residential building lot from the existing 1.7+ acre parent parcel.  Public water serves the properties.  The project site is located on the west side of Swaggertown Road, approximately 500 feet north of Cherokee Road.  The zoning of the site is Suburban Residential.

Ray Koch, Koch Surveying, represented Mr. Pelkey.  He gave a brief history of the garden lot and said that soil tests had been completed on the site.

M. Carr asked if a sight distance problem might exist and J. Gibney, who travels the road daily, felt there is not an issue with a driveway located on this parcel.

M. Carr read comments from Schenectady County asking that a comment be added to the subdivision map regarding the agricultural use across the road from this parcel which may cause noise, dust, or odors.

Chairman Carr then opened the public hearing.  With no one wishing to speak for or against this application, the public hearing was closed.

MOTION

In the matter of the minor subdivision application by Michael Pelkey, for a two-lot subdivision located at 89 Swaggertown Road, 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 minor subdivision application by Michael Pelkey for a two-lot subdivision located at 89 Swaggertown Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

The proposed use takes into consideration the relationship of this project to the neighborhood and the community, and the best use of the land being subdivided.  Factors considered include:


Planning & Zoning Minutes
November 19, 2007
Page 7

·       Compliance with the requirements of the Zoning Ordinance and the policies of the Comprehensive Plan.
·       Logical arrangement, location and width of streets.
·       The lots’ and street(s)’ relationship to the topography of the site.
·       Adequacy and arrangement of water supply, sewage disposal and drainage.
·       Adequacy of lot sizes to achieve the above.

Conditions of Approval:

1.  A note is to be added to the subdivision map indicating that the property is located next to a farm in the County Agricultural District and that farming activities occur within the District that may include but not be limited to, activities that cause noise, dust and odors.

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 small number of lots in this particular subdivision, and the physical constraints of this particular site, this Commission finds that the imposition of an in-lieu-of fee is more appropriate than land dedication for this particular subdivision.  The recreation fee to be levied is $1,000.00 per new lot.  In this case, the applicant is hereby required to pay a fee of $1,000.

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


5.      Chad Kiess                                                      Minor (2-lot) Subdivision
        680 Swaggertown Road                                    (Final – Public Hearing)
                                                                                        
This application calls for the creation of a 2+ acre residential building lot from the existing 7.5+ acre parent parcel.  The new lot would be served by public water.  The property is located on the east side of Swaggertown Road, across from the terminus of Bolt Road.  The property is zoned Rural Residential/Agricultural.

Ray Koch, Koch Surveying, addressed the Commission regarding this application.  R. Koch stated the applicant bought the house on 2½ acres, followed by the purchase of the adjoining 5-acre parcel and combined the lots.  The applicant has since sold the house and retained a 2-acre parcel for himself.

Planning & Zoning Minutes
November 19, 2007
Page 8

M. Carr clarified by saying the two lots were combined into one parcel and are now being changed from one parcel to two again with a different configuration.

M. Carr stated the soils are severe in that part of Town and a note regarding the possible necessity of an engineered septic system needs to be on the subdivision map.

M. Carr read comments from Schenectady County which suggested that a note regarding the existence of neighboring agriculture properties also be added to the map.  R. Koch stated that both required notes are on the latest revision of the subdivision.

The hearing was then opened to the public.

Susanne Phillips stated that she and her husband are the current owners of this property.  It is her understanding that they would be part of the process of subdivision.

M. Carr stated that he had spoken earlier in the day to the board attorney, Peg Huff, regarding this issue.  He stated that the public hearing could take place, but the Commission would not act on this application until the questions are resolved.

With no one else wishing to speak regarding this application, the public hearing was closed.  Kevin Corcoran noted that by law, the Commission now has 62 days in which to act.

After some discussion, it was decided to table this application.  For the record, Chairman Carr stated the Town of Glenville will not get involved in an agreement between two parties.  


6.     Robert Bosey & Karen Brunner                                              Site Plan Review
 211 Sacandaga Road                                            (Preliminary – Continued
from September)
                                                              
The applicant is requesting site plan approval to construct two 8-unit apartment buildings on an existing 1.4 +/- acre parcel located on the northwest corner of Burch Parkway and Sacandaga Road.  The proposed apartments will have public water and sanitary sewer.  The parcel is located within a General Business zoning district.  The applicant has received area variances for minimum lot size, rear yard building setback and dumpster placement.

Tom Andress, ABD Engineering, explained the issue of variances has been resolved and the required variances have been obtained through the Zoning Board of Appeals.

The gas main has been relocated to the town right-of-way.  There will be one access in, and a 2-way access further west.  Two-plus parking spaces are provided per unit.  

Planning & Zoning Minutes
November 19, 2007
Page 9

M. Carr read comments from the Schenectady County Department of Planning as follows:  
The Schenectady County Department of Economic Development and Planning approves of the proposal contingent upon preparation of a full Stormwater Pollution Prevention Plan.

T. Andress stated that the prevention plan has been completed and submitted to the Town.

M. Carr asked about the easterly entrance, requesting that the curb-cut be redesigned as entrance only and marked as such.  He also recommended that the Traffic Safety Committee review the driveway location.

T. Bodden asked that the variances and the date granted be noted on map.

MOTION

In the matter of the preliminary site plan review application by Robert Bosey and Karen Brunner for the construction of two 8-unit apartment buildings located at 211 Sacandaga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:
1.      The variances granted by the Zoning Board of Appeals are to be noted on the site plan.
2.      The site plan is to be forwarded to the Traffic Safety Committee for review.
3.      The Stormwater Pollution Prevention Plan is to be submitted to the Town.

The Commission hereby schedules a public hearing for December 10, 2007 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for December 10th, nine (9) copies of the revised site plan must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing date.

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


7.     Daniel McDevitt                                                           Zoning Map Amendment
 Schlensker Drive and Swaggertown Road                 (Recommendation to the
Town Board)
                                                              
This application involves a proposal to rezone a 110-acre parcel off of Schlensker Drive and Swaggertown Road from Suburban Residential to Rural Residential/Agricultural.  The applicant wants to purchase the land and raise livestock on the property.

Planning & Zoning Minutes
November 19, 2007
Page 10

Daniel McDevitt was present to address any questions the Commission may have.  He stated that he wants to raise livestock and crops on the property.  A hayfield is planned to limit the advance of any animals and as a buffer from existing homes on Schlensker Drive.  He is attempting to keep the fencing arrangement to a minimum for less visual impact.

M. Carr noted that this proposal preserves open space.  He also asked about the type of farming concerning pesticides, herbicides, and manure run off that could adversely impact the Indian Kill.  D. McDevitt stated he plans on raising a maximum of 10 cows, 5 sheep, 5 goats, and chickens; there will be no commercial farming.  The hay will be planted along the natural flow of the land and would help contain any runoff to the Indian Kill.

D. McDevitt said there are currently no structures on the property.  Access to the property would be from the existing Schlensker Drive; the entrance is part of the parcel.  The entrance would be gravel roadway, built to handle the load of emergency vehicles.

M. Carr noted that bedrock is at ten inches.  D. McDevitt said after speaking with Dave Mosher, Soil and Water Conservation, he determined that the property was suitable for hay and pastureland.

J. Gibney stated that if the zoning is changed, the type of farming, whatever is allowed by that zoning, could be quite different in the future from what Mr. McDevitt intends.

When asked, K. Corcoran said the setback from a farm building to any residence is 150’.

M. Carr asked about the area on the map labeled ‘habitat’.  D. McDevitt said that area is for hunting purposes; he and his wife expect to hunt deer, grouse, and turkey.

J. Gibney said he anticipates complaints about odors.  

M. Carr said this proposal fits in with the rural character of that portion of the Town of Glenville.  It also meets the intent of the Comprehensive Plan.

MOTION

In the matter of the zoning map amendment application by Daniel McDevitt for property located at the end of Schlensker Drive, the Planning and Zoning Commission recommends that the Town Board approve the application.

Reasons supporting the recommendation are: the proposal continues to maintain the rural character of the area, meets the intent of the Master Plan and the proposed Open Space Plan, fits in with other parts of town, as well as the adjacent Town of Charlton, and the property has always been open space.
Planning & Zoning Minutes
November 19, 2007
Page 11

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


8.   Lowe’s Home Centers, Inc.                                              Request to Waive Time
        Freemans Bridge Road    Frame for Filing of Final
                Site Plan Application
The applicant is seeking a waiver from Section 270-108C(a) of the Town of Glenville Zoning Ordinance which requires a public hearing to be held at the next Planning and Zoning Commission meeting following preliminary site plan approval.  This is in reference to Parcel 1 along Freemans Bridge Road, which was granted site plan approval in September for a use that has yet to be determined.   

Rob Jess of Lowe’s Home Centers, and attorney Terresa Bakner, were present to address the Commission.  T. Bakner noted according to the Town Code, the applicant would have to come before the Planning and Zoning Commission within 62 days for a public hearing following preliminary approval.  She explained it may be two years before there is a use for this site, so the applicant is asking to extend public hearing date.

M. Carr asked about the progress of the Lowe’s project, and Mr. Jess stated he expected the store to be open in the fall of 2008.  The source of the soil contamination has been identified and the environmental situation will be mitigated.  M. Carr noted that this cleanup is the ‘silver lining’ of this proposal.

MOTION

In the matter of Lowe’s Home Centers, Inc.’s request to waive the 62-day site plan approval time frame for Parcel 1, Freemans Bridge Road, the Planning and Zoning Commission agrees to extend the time period until November 30, 2009.

Motion:  J. Gibney      Seconded:  W. Pryne
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, December 10th, 2007.  The agenda meeting will be held on Monday, December 3rd.  With no further items on the agenda, the meeting was adjourned at 9:00 p.m.

Submitted by:  Chris Flanders, Stenographer     Filed with Linda Neals, Town Clerk:     
_______________________________                               _______________________________