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June 9
Town of Glenville
Planning and Zoning Commission
Monday, June 9, 2008
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Walter Pryne, Tom Bodden, Mark Storti, Steve Marsh, Jim Gibney, and Chris Casey

Excused:        Mike Carr

Also Attending: Michael Burns, Town Planner I, Margaret Huff, Town Attorney, Edward Rosenberg, Town Councilman, and Chris Flanders, Recording Secretary


1.   Approval of the minutes of the May 12, 2008 meeting

Motion:  W. Pryne       Seconded:  C. Casey
Vote:   Ayes: 5 Noes: 0 Absent: 2 (M. Carr, S. Marsh)
MOTION CARRIED

2.  Kim and Brent Lucas Subdivision                                             Minor (2-lot) Subdivision
    186 Lake Hill Road                                                                 Final (Public Hearing)
    
The applicants are proposing a minor (2-lot) subdivision of the existing 1.183+/- acre parcel. The proposed subdivision is located approximately 175 feet east of the intersection of Scotch Bush Road and Lake Hill Road and is zoned Suburban Residential.  Lot 1 will include the existing single-family home. Lot 2 is proposed as a future single-family home site.

Andrew Schauffert, Santos Associates, represented Mr. and Mrs. Lucas.  He first indicated the existing home on the map and the small barn which will be sold with Lot #2.  He described the changes on the subdivision map since the last Planning and Zoning meeting.  The approximate location of the septic system for Lot #1 was added, as well as a note stating the circular driveway on Lot #2 will be removed upon receiving subdivision approval.  Dana Gilgore, Town of Glenville Engineering Department, and a representative from the county witnessed the percolation tests, which had favorable results.

Deputy Chairman Storti opened the public hearing.

Mrs. Mirando, 182 Lake Hill Road, stated she is concerned with septic problems and surface water.  Her sump pump runs constantly.  She also is concerned about the green space and vegetative buffers, as well as increased traffic.

Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 2

Marie Watkins, 178 Lake Hill, voiced the same concerns as Mrs. Mirando.

Drew Schauffert explained that there would be only one curb cut once the circular driveway is removed and a 30 ft., no clear buffer has been added on the map.

M. Storti read a letter of comment from Elizabeth Sokol concerning her survey line.  It was determined that the new subdivision lot will have no affect on the existing survey line.  P. Borisenko, Building Inspector, said he spoke to Ms. Sokol regarding this; it is a right-of-way question of 201 ft. vs. 208 ft.  It is a moot point in this application, but the letter is entered into the record and attached to these minutes.

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

J. Gibney asked about the test pit results, and D. Schauffert said two holes were dug; one tested at 4 minutes per inch and the second hole tested at 2 minutes 14 seconds per inch.  There was some mottling and groundwater at 3-31/2 feet.  He is expecting a letter from D. Gilgore stating that a partial fill septic system will be required on Lot #2.  

D. Schauffert noted that he misspoke earlier; the no clear buffer is 20 ft.

MOTION

In the matter of the minor subdivision by Kim and Brent Lucas, for a two-lot subdivision, located at 186 Lake Hill 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:  T. Bodden      Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent:  1
MOTION CARRIED
(Vote reflects arrival of S. Marsh)

MOTION

In the matter of the final minor subdivision application by Kim and Brent Lucas for a two–lot subdivision located at 186 Lake Hill 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 and Zoning Commission Meeting Minutes
June 14, 2008
Page 3

·       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.
·       Accommodation for future development of adjoining lands as yet unsubdivided.
·       Adequacy of lot sizes to achieve the above.

Conditions of Approval:
1.  A letter is to be provided from the Town of Glenville Engineering Department regarding the need of a fill septic system on Lot #2.
2.  A note is to be added to the subdivision map indicating there will be only one curb cut upon the removal of the circular driveway on Lot #2.

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 $1,000.

Motion:  T. Bodden      Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent:  1
MOTION CARRIED


3.   Pat Popolizio                                                      Site Plan Review
     2 & 4 Freemans Bridge Road                                        (Preliminary)
                                                                                
This application involves an amendment to the previously-approved site plan for the Water’s Edge Lighthouse Restaurant property.  The applicant is seeking approval for an already-built 5,290 sq. ft., year-round banquet facility.  The previous approval was for a 4,000 sq. ft. open-sided, seasonal pavilion.   

Gil VanGuilder represented Mr. Popolizio in this application.  He explained the map depicts the as-built location of the pavilion, modified traffic circulation patterns, 4 handicap parking spaces at the entrance of the facility, and disturbance of approximately ½ acre, (therefore, no trigger for DEC thresholds for SWPPP).  The original project called for 200 seats and is now


Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 4

225.  Parking remains in the rear; 1 space per 4 seats because of multiple uses allowing for use of the less dense number.

The sewer connection has been made to the banquet facility and to other retail buildings.  He anticipates eventual improvements such as stairs to the private boat ramp.

S. Marsh asked if the gravel area mentioned in past minutes as remaining gravel area, and shown on previous maps, was paved over.  G. VanGuilder said the parking area was expanded before the original pavilion approval.  G. VanGuilder said part of the paved area was torn up to build the pavilion, but is part of the entrance to the facility and will be repaved, therefore not changing runoff characteristics or changing calculations for pre- and post-construction.  Discussion followed regarding whether this is required to be counted as disturbance and credit for re-development.

J. Gibney stated the building is located in a floodplain and must be built to NYS building code requirements for floodplains.  P. Borisenko said the building will need to comply and M. Storti asked if a note to that effect could be added to the site plan, as well as all utilities and infrastructure should be shown.

Discussion followed about map details, including a line representing a stockade fence which has been removed, must be removed from the map and part of the existing restaurant is not shown and needs to be corrected.  It was also determined that G. VanGuilder’s calculations will be reviewed regarding the need for a Stormwater Pollution Prevention Plan

J. Gibney asked about seasonal parking at the DEC boat ramp, and M. Storti asked Mr. Popolizio to provide a letter to the Commission stating that restaurant goers are allowed to park there when the boat ramp is closed to the boating public for the winter season.  It was determined this additional parking is necessary in the winter because 47 parking spaces are taken due to winter boat storage.

MOTION

In the matter of the preliminary site plan review application by Pat Popolizio for an amendment to a previously approved site plan for a pavilion, located at the Water’s Edge Lighthouse Restaurant, 2 & 4 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:
1.      A letter is to be provided from James MacFarland to the Commission regarding access to additional parking during winter months at the DEC boat ramp.

Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 5

2.      Notes are to be added to the site plan regarding building code requirements for the floodplain; utilities and infrastructure and the full existing building are to be shown.
3.      Verification of calculations of disturbance requiring SWPPP is to be completed.

The Commission hereby schedules a public hearing for July 14, 2008 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for July 14, 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: 6 Noes: 0 Absent:  1
MOTION CARRIED


4.   David Pahl                                                                 Major (7-lot) Subdivision
96 Pashley Road Final - continued from March
                                                                                                                                               
The applicant is proposing to subdivide a 5.34-acre parcel into 7 residential building lots.  Each lot would be served by public water and an individual septic system.  The property is located south of Pashley Road and west of Colin Drive.  The property is zoned Suburban Residential.  

Gil VanGuilder represented the applicant.

M. Storti stated for the record that the revised copies of the Phase I Environmental study was received Friday, June 6th and are available for public review through the Town of Glenville Planning Department.

G. VanGuilder said a note (#2) has been added per the request of a neighbor located on the corner of Pashley Road and Willow Lane regarding removal of vegetation stating: “Trees larger than 10” in diameter at (DBH) outside the building and septic areas of Lot No. 1 will be retained where practical.”

M. Storti read the following conclusion from the Phase I Environmental Assessment Study completed by Hanson Van Vleet for the property located at 96 Pashley Road:  “No significant items of potential recognized environmental concern were identified during the performance of this Environmental Site Assessment.”



Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 6

MOTION

In the matter of the major subdivision by David Pahl, for a seven-lot subdivision, located at 96 Pashley 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:  T. Bodden      Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent:  1
MOTION CARRIED

MOTION

In the matter of the final major subdivision application by David Pahl for a seven (7) - lot subdivision located at 96 Pashley Road, the Planning and Zoning Commission hereby 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.
·       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.
·       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.  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 $6,000.

Motion:  T. Bodden      Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent:  1
MOTION CARRIED


Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 7

5.  Valerie Palmier Smith                                               Conditional Use Permit
2 Harding Boulevard     Recommendation to the ZBA
    
This application calls for the establishment of an accessory apartment for occupation by a relative of the homeowner.  In order to accommodate the accessory apartment, an addition of 828 sq. ft. is proposed for the home.  The property is zoned Suburban Residential.

Valerie Palmier-Smith and her father, Peter Palmier, were present to answer any questions the Commission may have.

M. Storti noted that the Commission discussed this proposal at the agenda meeting, and found it would be prudent to connect the house at 2 Harding Boulevard to public sewers before the issuance of a certificate of occupancy.  It is noted that the application must go before the Zoning Board of Appeals as the accessory apartment is proposed to be 828 sq. ft., opposed to the allowed 750 sq. ft.

MOTION

In the matter of the conditional use permit application by Valerie Palmier-Smith to add a 828 sq. ft. accessory apartment to her home located at 2 Harding Boulevard, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve with conditions the application.   

The Commission’s findings in support of our recommendation are as follows:

1.      The establishment/operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare of the community.
2.      The conditional use will not compromise the use and enjoyment of other property in the immediate vicinity, nor will it substantially diminish or impair property values within the neighborhood.
3.      The conditional use will not hinder the normal and orderly development and improvement of surrounding properties.
4.      The proposal does provide adequate utilities, access roads, drainage, and other necessary facilities to serve the conditional use.
5.      The proposal does provide adequate measures for ingress and egress to the site, in such a manner as to minimize traffic congestion in the public streets.
6.      The conditional use does, in all other respects, conform to the applicable rules, regulations, and ordinances of the Town, as well as the Town of Glenville Comprehensive Plan.


Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 8

Recommended conditions of approval:

It is recommended that the applicant connect to public sewers due to the marginal nature of the existing septic system.

Motion:  T. Bodden      Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent:  1
              MOTION CARRIED


6.  Bordeau Builders                                                            Zoning Map Amendment
    69 Saratoga Road                                           Recommendation to the
                                                                        Town Board
    
The applicant is requesting an amendment to the Mixed Use Planned Development District, granted in 2004, for the Dover Place project off of Route 50 and Skyway Drive.  The request is to change the zoning from Mixed Use PD to Residential PD to allow construction of a 22,400 sq. ft. – 20 unit condominium building.  The original project called for five single-family homes and an office building.  The single-family homes have been built, but the office building never materialized.

Mr. Bordeau was represented by Gil VanGuilder and Attorney Donald Zee.

G. VanGuilder said the necessary easement documents for sewer connection were prepared during the previous application in 2005, but apparently never filed with the County Clerk’s office.

G. VanGuilder said the original application was for an office building on the site, however, upon review of current market conditions, Mr. Bordeau is now looking at 20 condominium units in one building.  The actual plan for the building or buildings would be finalized in the site plan review process; this application is to change the zoning of the parcel to allow residential units.

G. VanGuilder addressed residential versus commercial traffic and trip generation.  He said studies show a 12,000 sq. ft. office building averages 19 a.m. trips and 18 p.m. trips.  Condos generate 9 a.m. trips and 10 p.m. trips.

The original stormwater management plan has changed.  Lansing Engineering has produced a plan to store excess water generated by post construction in piping underneath the pavement; a recharge-type system.  The surface water quality would be managed in a four bay area, which



Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 9

makes it easier to clean basins.  They would be cleared of sand and debris approximately every five years.

The location of the curb cut is close to the original plan and has been provided to the Department of Transportation.

One central bank of mailboxes located in the rear will make access safer for both residents and mail delivery.

G. VanGuilder said the buffering between neighbors on Skyway Drive will remain the same as originally planned.

M. Storti said this application does not represent what was envisioned in the town zoning for this area.  He is concerned condominiums do not ‘fit’ at this location.

T. Bodden said the neighboring development known as Return is not shown on the map and does not give an accurate picture of the neighborhood.

Mr. Zee discussed the reasons condominiums would be desirable there, which included access to public transportation, the aging population of Glenville wanting to downsize their homes, parents of local homeowners wishing to live closer to their children, etc.

Other comments by the Commission included that transportation counts differ with seniors and the peak hours of travel are not necessarily those referred to by Mr. VanGuilder, if this the best use of the land, this area does not allow pedestrian access to shops and businesses, spot zoning, the concern of a mix of tenants resulting in increased activity there, and perhaps twenty units are too much for the property.

M. Burns reminded the Commission that the Comprehensive Plan was adopted in 1990, before sewers were available in this Saratoga Road corridor.  The plan also calls for a variety of housing types in this community, which Glenville really doesn’t have.  He added that the Planning Department get calls on a regular basis for this type of housing.  He stated he thinks this is a good idea although there are some issues with the site plan that need to be resolved.

J. Gibney said that after going through the minutes of previous meetings, it was clear that the town wanted professional offices.  He also stated that the building may be too close to Route 50 for condominiums.  The concern of privacy for the existing houses situated close to the property line was also discussed.




Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 10

Discussion followed regarding the possibility of two buildings, a smaller footprint, fewer units, etc.  It was agreed by the Commission and the applicant to table this proposal.  The applicant will develop a concept not based on the original footprint of the building.


7.   Rosen Development Company, Inc.                                    Revisions to the Previously
Glenridge Road (Hampton Run project)                    Approved Site Plan
                                                                                                                                               
Rosen Development, the company that is going to construct the Hampton Run apartment project on Glenridge Road, is requesting that one of the conditions of site plan approval be removed.  Specifically, Condition 4, which requires that buildings #3 and #4 be constructed last in order to determine the best placement of these buildings relative to the proposed road that would serve the Patriot’s Square project.  

Jessie Albert, representing Rosen Development, addressed the Commission.  She said the applicant is requesting the condition requiring buildings #3 and #4 be constructed last be removed due to the shape and size of the site.  It was determined constructing in the rear of the lot first could cause some issues and the applicant would like to complete construction in succession, then move towards the back of the lot.

M. Storti noted that the trees bordering Harding Boulevard are shown on the site plan, along with specifications of those trees, mixed 30’ spruce and white pine.  The landscaping at the entrance is shown as well.

J. Albert said the road width has decreased from 24’ to 20’ upon recommendation of the town, in order to increase the permeable area.  

M. Storti asked if the turning radius of the road is acceptable to the East Glenville Fire Department.  P. Borisenko stated that they have taken trucks to similar sites, and found them to be adequate.  M. Burns added that the chief of the East Glenville Fire Department is being provided with a copy of the site plan for his comments.

P. Huff asked if the Department of Public Works approved the removal of landscape walls in respect to stormwater management discussed at earlier meetings, and J. Albert stated she does not have a letter from DPW.  M. Storti asked for a letter from DPW stating approval of this removal per the site plan.

MOTION

In the matter of the final site plan review application by Rosen Development Company, Inc. for revisions to a previously approved site plan application for property located at Glenridge

Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 11

Road, commonly known as Hampton Run, the Planning and Zoning Commission hereby conditionally approves the application.  As previously approved, all of the findings are as previously stated.  
Conditions of Approval are:
1.      A letter is to be provided by the East Glenville Fire Department regarding the adequate access to the site with respect to the roadway entrance reduction from 24 feet to 20 feet.
2.      A letter is to be provided by the Glenville Department of Public Works regarding the acceptance of the removal of the landscaping walls with respect to the stormwater management plan.

Motion:  T. Bodden      Seconded:  S. Marsh
Vote:   Ayes: 5 Noes: 0 Absent:  2
              MOTION CARRIED
(Vote reflects the departure of W. Pryne)


8.   Glenview Estates                                                                       Revisions to the Previously
     Swaggertown Road and Wagon Wheel Lane                    Approved Site
                                                                                        Plan/Subdivision

In March, 2008 the PZC issued a revised site plan approval for the establishment of a Planned Residential Development for the Glenview Estates project.  The revised project includes 59 single-family lots and 8 lots targeted for townhouses, for a total of 67 lots.  A recreation impact fee of $7,000 should have been assessed during the March approval to reflect that the project has increased in scope from 60 lots to 67 lots.  This item is on the agenda this evening in order for the PZC to assess the proper recreation impact fee.

MOTION

The motion is made to correct the previous application approval recreation impact fee to reflect the addition of seven (7) lots; therefore an amount of $7,000 is assessed.

Motion:  J. Gibney      Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent:  2
              MOTION CARRIED

In other business, T. Bodden reminded members that the Transfer of Development Rights project presentation will be held June 18th.  M. Storti indicated he would attend the meeting.




Planning and Zoning Commission Meeting Minutes
June 14, 2008
Page 12

The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, July 14, 2008.  The agenda meeting will be held on Monday, July 7, 2008.  With no further items on the agenda, the meeting was adjourned at 8:50 p.m.


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


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