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Planning & Zoning Commission Minutes 12/10/2007
Town of Glenville
Planning and Zoning Commission
Monday, December 10, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Mike Carr, Walter Pryne, Tom Bodden, Mark Storti, Steve Marsh and Jim Gibney

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


1.      Approval of the minutes of the November 19, 2007 meeting as presented.

Motion:  W. Pryne        Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED


2.     Robert Bosey & Karen Brunner                                              Site Plan Review
 211 Sacandaga Road                                            (Final – Public Hearing)
                                                              
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, addressed the Commission.  He stated that the original entrance drive has been marked ‘entrance only’ and moved to the farthest point from the northwest corner of Burch Parkway and Sacandaga Road as possible.  A note has been added to the site plan citing the variances that have been granted, including the lot size (1.42 acres vs. the minimum lot size of 3 acres for multifamily developments), setbacks (15’ from the rear property line vs. no building or structure located closer than 40 feet to any side or rear property line), and the dumpster location (setbacks for nonresidential accessory structures shall be located a minimum of 10 feet to any side or rear property line vs. the proposed 6’).   A new easement was created to allow the water main to be relocated and centered in that easement.

T. Andress explained when Burch Parkway was created it did meet the criteria for a roadway.  Since that time, however, the zoning ordinance has changed, which changed the requirements of this lot.


Planning and Zoning Meeting Minutes
December 10, 2007
Page 2

Chairman Carr opened the hearing to the public.

Building Inspector P. Borisenko asked the applicant to indicate on the plan where the gas line will be located.

R. Koch, West Glenville, said he thought apartment buildings are a good use for the site.

With no one else wishing to speak regarding this application, the public hearing was closed.

J. Gibney asked if the Glenville Traffic Safety Committee has reviewed the plan as of yet.  K. Corcoran said they have not.  T. Bodden stated that one curb-cut only was going to be considered.

M. Carr then read the following letter into the record:

To Mr. Corcoran:

We are writing in regards to the proposed development of 211 Sacandaga Road.  We live in close proximity to that site and have several concerns with the building of two eight unit apartment complexes.

For one, the area to be developed is too close to a school, an industrial park, and train tracks to attract up standing citizens.  We strongly believe Glenville does not need more apartments. There are already several apartments on Sacandaga Road that are now as I write to you, vacant or rented to troubled individuals.  You may check that we ourselves had issues with renters on record at the Glenville Police Department.

I understand at the variance meeting that only truck traffic was tested and only on Burch Parkway.  As a resident who travels that section of Sacandaga Road daily, I assure you that there is heavy traffic.

Which leads to my next concern; noise pollution.  Between the train, high school, industrial park and everyday traffic, this will just add to the problem.

At the variance meeting it was mentioned to us that would we rather have another car wash next to us, and after thinking it over, we would.  I believe Glennville needs more upscale businesses not low end apartments.

Please consider our concerns in this matter.

Thank you for your time,
Joseph & Kristen Pino

T. Bodden remarked that this has been addressed in the past and it is a business decision on the part of the applicant.


Planning and Zoning Meeting Minutes
December 10, 2007
Page 3

M. Carr asked if a stormwater pollution prevention plan has been submitted and T. Andress stated that it had.

J. Gibney asked if the color of the building needed to be decided and P. Borisenko said it does not at this time.

T. Bodden asked if the applicants have received any feedback from neighbors and T. Andress answered they had not.

K. Corcoran stated he just spoke with Planner I Mike Burns who also attends the Traffic Safety meetings.  He reported to Mr. Corcoran that the Traffic Safety Committee is aware of the project and he expects a report at the next meeting, scheduled for the coming Thursday.  K. Corcoran reminded the Commission members that as the public hearing has been held, they have 62 days in which to act or they have the option to place conditions on their vote.  

M. Carr asked the time frame for construction and Mr. Bosy said spring of 2008.  T. Andress added that the owners would like to schedule the transfer of the property before the end of the year.

Attorney Arkley Mastro stated that Ken Talbot, a member of the Traffic Safety Committee, did speak to the current owner, Mr. Dorazio, and indicated that the report would be favorable as long as the changes were made on the plan.

MOTION

In the matter of the final site plan review application by Robert Bosy and Karen Brunner, for construction of two eight-unit apartment buildings located at 211 Sacandaga 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:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

MOTION

In the matter of the final site plan review application by Robert Bosy and Karen Brunner for construction of two eight-unit apartment buildings located at 211 Sacandaga Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

Planning and Zoning Meeting Minutes
December 10, 2007
Page 4

1.      The proposed use does conform to other applicable provisions of the Zoning Ordinance, including, but not limited to building setbacks, storm water management and erosion control requirements, etc.

2.      The proposed use does exhibit adequate and logical vehicular access and circulation.

3.      The proposed use does exhibit adequate and logical placement, arrangement, size, and design of buildings.

Conditions of Approval:

1.  The new gas line location is to be shown on the site plan.
2.  The necessary variances have been obtained from the Zoning Board of Appeals and it is noted they are shown on the site plan.
3. Upon review of the Traffic Safety Committee, the applicant agrees to comply with any forthcoming recommendations of that Committee.  Should the applicant contest the conditions/recommendations, the applicant is aware that he will be required to appear again before the Planning and Zoning Commission.
4.  The receipt of a recreation impact fee of $6,400 ($400 x 16 units).

Motion:  M. Storti       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED


3.      Chad Kiess                                                      Minor (2-lot) Subdivision
        680 Swaggertown Road                                    (Final – Continued from
                                                                                November)
                                                                                        
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.  

Chairman Carr noted for the record that the public hearing was held at the November meeting and was closed.  The Commission is waiting upon the resolution of the ownership of the property and the allowed input from parties to the purchase contract of that property.  Attorney Peg Huff stated that she has been provided with a copy of the agreement between the interested parties and finds that the applicant is within his authority to apply for this subdivision.



Planning and Zoning Meeting Minutes
December 10, 2007
Page 5

Ray Koch, Koch Surveying, represented Mr. Kiess in this application

S. Marsh commented on the agreement in which it is agreed the seller is to make the application.  Discussion of language followed with input from the current owners.  It was determined that this issue is between the applicant and the current owners and the Commission’s motion will not jeopardize the intent of the agreement between the parties involved; the application moved forward.

MOTION

In the matter of the subdivision application by Chad Kiess, for a two-lot subdivision located at 680 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:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

MOTION
 
In the matter of the minor subdivision application by Chad Kiess for a two-lot subdivision located at 680 Swaggertown Road, the Planning and Zoning Commission hereby approves/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:

·       Compliance with the requirements of the Zoning Ordinance and the policies of the Comprehensive Plan.
·       Adequacy and arrangement of water supply, sewage disposal and drainage.
·       Accommodation for future development of adjoining lands as yet unsubdivided.
·       Adequacy of lot sizes to achieve the above.

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.



Planning and Zoning Meeting Minutes
December 10, 2007
Page 6

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 $1,000.

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

4.      Whitney Lawlor and Aleda Wright                         Zoning Map Amendment
        38 Onderdonk Road                                               Recommendation to the  
                                                                                Town Board

The applicant is seeking to rezone approximately 35 acres of the 43-acre parcel from Suburban Residential to Rural Residential/Agricultural to allow the keeping of two horses on the property.  The remainder of the property (8+ acres) is currently zoned Land Conservation and will remain unchanged.  

Attorney Larry DeAngelus addressed the Commission regarding this application.  He said the proposed site of the two-stall barn is within the town code and meets all required setbacks.  He said the GECC had concerns about manure and waste materials impacting the Indian Kill.  M. Carr asked if livestock is allowed to freely roam in DEC wetlands.

When asked, P. Borisenko stated that if the zoning amendment is approved, the applicant would be permitted by right to have horses.  

J. Gibney asked if there is a limit on how close animal barns can be to neighboring homes and P. Borsienko stated 150 feet.

M. Storti commented that the zoning change would go well with the current conditions on the site.

M. Carr asked P. Borisenko about the Town’s ability to enforce any noise or odor restrictions if the property is zoned to allow a farm.  P. Borisenko stated that there is a difference between farmers with incomes of over 10,000 dollars per year and hobby farmers.  There is some control that can be exercised.





Planning and Zoning Meeting Minutes
December 10, 2007
Page 7

MOTION

In the matter of the zoning map amendment application by Whitney Lawlor and Aleda Wright, to be located at 38 Onderdonk Road, the Planning and Zoning Commission recommends that the Town Board approve the application.

Motion:  M. Storti       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

Chairman M. Carr thanked the students in the audience for attending.  He also explained to them what a negative declaration is and why it is issued.

The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, January 14, 2008.  The agenda meeting will be held on Monday, January 7th.  With no further items on the agenda, the meeting was adjourned at 8:15 p.m.


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

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