Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Planning & Zoning Commission Minutes 01/08/2007
Town of Glenville
Planning and Zoning Commission
Monday, January 8, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302



Present:        Chairman Mike Carr, Deputy Chariman Mark Storti, Walter Pryne, Mark Storti, Steven Marsh, and Tom Bodden

Excused:        Richard Eats

Also Attending: Peg Huff, Town Attorney, Kevin Corcoran, Town Planner, Dana Gilgore, Engineering Tech II, Paul Borisenko, Building Inspector, and Chris Flanders, Recording Secretary

Chairman Michael Carr welcomed new Planning and Zoning Commission member Steven Marsh.

1.               Approval of the minutes of the December 11, 2006 meeting as presented.

Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


2.      Thomas Pai                                                      Minor (4-lot) Subdivision
        Dawson Road                                                     (Final – Public Hearing)

This proposal calls for the subdivision of a 40-acre parcel into four lots, three of which, all consisting of 2.01 acres, would be targeted for new single-family homes.  The property is located on the south side of Dawson Road, on both sides of the house at 546 Dawson Road.

Luigi Palleschi, ABD Engineering, addressed the Commission regarding this application.  He briefly described the project, stating that all three proposed residential lots would be serviced by public water and would have raised bed septic systems.  There are no plans for the remaining lot, Lot #4.

M. Carr asked about a future build-out plan and L. Palleschi said a preliminary concept map showing Lot #4 subdivided into eleven lots is included for the members review.  This concept was prepared for a previous application for subdivision of this land.  The lots were keyhole lots and M. Carr said access from Dawson Road would have to be provided by way of a town road.
Planning and Zoning Minutes
January 8, 2007
Page 2

M. Carr said other issues are deed restriction language and a buffer zone for the stream running through the parcel.

M. Storti suggested a 100’ no clear buffer from the stream bank.  L. Palleschi said he was unclear about what the Commission wanted, and M. Carr said the Commission could provide suggested language.

M. Carr stated that the stream is a Class C stream and a major tributary of the Crabbe Kill, and as such, needs protection.  L. Palleschi said the houses are placed close to Dawson Road so as to stay away from the stream, but if restrictions need to be in the deeds, it could be done.  P. Huff said a note on the map stating there is a no clear buffer and that deed restrictions exist regarding this buffer is adequate notification to buyers of the property.

J. Gibney noted that the house shown on Lot #2 is within that buffer, and will have to be moved.

P. Huff said a deed restriction is necessary to protect the property from erosion and to protect the stream.

Chairman Carr opened the hearing to the public.

Lenny Blond, 632 Dawson Road, asked about the frontage of the lots.  When he built his home, 300 feet of frontage was required.  P. Huff explained that the requirement is now 200 feet because public water is now available.

Mr. Blond also asked about the raised bed septic systems.  He said the property is marshy and wet, and he is concerned about the water table.  M. Carr said percolation tests will be performed and the engineered plans will have to be approved by the County Health Department.

Discussion followed regarding defining the stream banks.  M. Carr said the stream is regulated by the Department of Environmental Conservation and their input could be requested.  T. Pai stated that North Country Ecological delineated the wetlands.  M. Carr asked Building Inspector Paul Borisenko if he would be comfortable verifying the delineation on the map, and he responded that he could confirm what is shown.   

Mr. Blond asked if his water pressure will be effected by the new homes and Dana Gilgore stated that the water line is a gravity type and typically the pressure is very good at the end of the water line; he does not anticipate the creation of any water pressure problems.



Planning and Zoning Minutes
January 8, 2007
Page 3

Mr. Blond said that a major concern to all his neighbors is Dawson Road itself.  It is a narrow country road frequented by dog walkers and horseback riders and there is concern that the road can’t handle the added traffic 15 new homes would cause.

The discussion turned to segmentation issues.  M. Carr said many applications come to the town for rural properties to be subdivided into ‘bits and pieces,’ and this is very aggravating.  He explained that is why applicants are asked to provide future build-out plans or a letter stating their intent for remaining lands.

Dan Racine, 546 Dawson Road, is concerned about the creek that runs over his property.  The creek has been 40’ wide during spring melt and he is concerned about grading and runoff on his property.

P. Borisenko suggested a note be placed on the map making the developer responsible for not creating a problem for the neighbors.  There is nothing in the zoning ordinance which allows the building inspector to enforce that; if it is a condition of approval and on the map, it becomes enforceable.

Jerry Wawrzyniak, 599 Dawson Road, voiced concern about the water tax rate and the extension of the water district.  Discussion followed on how the rates are determined, the financing of the extension, and the cost distribution.

Mr. Wawrzyniak is concerned about the Conde Kill, the Crabbe Kill and the Alplaus Kill.  He is also concerned about the area’s quality of life changing.

Paul Koeppel, 329 Dawson Road, voiced similar concerns, as well as questioned if the current infrastructure is adequate.  He cited excessive power outages.  

Mr. Koeppel also stated that since the water line was installed, the open ditch on the north side of the road was filled in causing drainage problems, and further stated that the road seems to be deteriorating.

D. Gilgore said he can look at the project maps and contours of the land to compare.  If correction is required, he will address it.  He also said that if the road surface is in need of repair, the residents should make the Highway Department aware of the condition.

Mr. Koeppel asked if the raised bed septic systems would result in dirt mounds in front of the houses.  L. Palleschi said the 3?’ high mounds will be graded to blend in with foundation cover and be a gradual slope.

Scott Greene, 395 Dawson Road, said the water table is at issue.  His home has always had dampness and water in the basement and he is afraid the condition will worsen.   
Planning and Zoning Minutes
January 8, 2007
Page 4

L. Palleschi said anytime a foundation is put in the ground, the water table is lowered.  

With no one else wishing to speak, Chairman Carr closed the public hearing.

S. Marsh asked if Note #7 on the subdivision map addresses the concern regarding runoff onto neighboring properties; it reads as follows: The contractor is responsible for final grading and ensuring that the stormwater runoff will not effect neighboring properties.

P. Borisenko said the note would be adequate to address visible surface runoff.

J. Gibney stated for the record that the Commission is not approving the build out concept.    

T. Bodden asked why the applicant is not doing the whole project now.  The current application uses much of the road frontage and limits the applicant’s options and flexibility.  L. Palleschi stated the need for a town road is cost prohibitive at this time.

L. Blond asked what residents can do about segmentation and placing a minimum amount of time requirement before properties can be re-subdivided.  M. Carr suggested they contact the Town Board.  J. Gibney stated that the Planning and Zoning Commission has made a recommendation to the Town Board that the Zoning Ordinance be changed to address the issue, but the Board hasn’t  acted on the recommendation.  T. Bodden said the Planning and Zoning Commission is on record that it would like to see minimum time frames implemented.

MOTION

In the matter of the subdivision application by Thomas Pai, for a minor four-lot subdivision located on Dawson 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:  M. Storti       Seconded:  M. Carr
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

In the matter of the minor subdivision application by Thomas Pai for a four–lot subdivision located on Dawson Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:



Planning and Zoning Minutes
January 8, 2007
Page 5

The proposed use takes into consideration the relationship of this project to the Zoning Ordinance, logical arrangement, location and width of streets, adequacy and arrangement of water supply, sewage disposal and drainage.

Conditions of Approval:

1.      The following deed restriction: As a condition of approval of this subdivision, a no clear stream buffer zone is to be established within 100 feet of the top of the stream bank.  Within this no clear stream buffer zone, there shall be no grading, construction, vegetation and tree removal, or site alterations of any kind, except that which is necessary to allow the removal of dead, dying, and diseased trees, as well as any trees or vegetation that pose a threat to health and safety.
2.      The applicant is to show clustering or other approaches to the subdivision of the remaining land; the concept shown may not be the concept that will be approved.  

M. Storti explained that the Planning and Zoning Commission is looking for an approach that will fit into the neighborhood.

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, 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:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, February 12, 2007.  The agenda meeting will be held on Monday, February 5.  With no further items on the agenda, the meeting was adjourned at 8:15 p.m.

Submitted by:   Filed with the Town Clerk:      

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Chris Flanders, Stenographer                                    Linda C. Neals