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July 14
Town of Glenville
Planning and Zoning Commission
Monday, July 14, 2008
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Walter Pryne, Mark Storti, Steve Marsh, Mike Carr, and Chris Casey

Excused:        Tom Bodden, Jim Gibney

Also Attending: Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, Paul Borisenko, Building Inspector, and Chris Flanders, Recording Secretary


1.   Approval of the agenda as presented.

Motion:  M. Storti      Seconded:  C. Casey
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED


2.   Pat Popolizio                                              Site Plan Review
     2 & 4 Freemans Bridge Road                                Final (Public Hearing)
                                                                                
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 a 5,290 sq. ft., year-round banquet facility.  The previous approval was for a 4,000 sq. ft. open-sided, seasonal pavilion.   

Gil Van Guilder, representing Mr. Popolizio, addressed the Commission and provided them with new plans.  He briefly reviewed the history of the project and explained that the “as-builts” are now shown on the new drawings.  He said the temporary water service will be abandoned and replaced with 8” pipe from the 12” water main in the road.  The building will be sprinklered and a note has been added to the plan regarding compliance to all building codes for the floodplain, fire protection and other building code issues.  He stated that Building Inspector Paul Borisenko is satisfied that these notes are adequate and that no certificate of occupancy will be issued until all building code issues are satisfactorily addressed.

G. Van Guilder said that the parking needs are almost identical to the first application because of the number required for special events versus the seating maximum per fire code is very close.  A letter has been received from James MacFarland, Town of Glenville Parks Director, regarding permission to park in the public boat launch area during the off season, as 47 parking spaces will be taken up by boat parking in the winter months.

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

G. Van Guilders met with Dennis Russell from the town’s Water Department and has reviewed the requirements for the proposed water line.  Including the new water line and any work done within the past year, there is a total of 0.79 acre of disturbance; therefore, a Stormwater Pollution Prevention Plan will not be required.

P. Borisenko stated that he has received a floor plan for the building, sprinkler system information, floodplain report and fire protection plan from the applicant.

Chairman Carr then opened the public hearing.

Sandy Busino, 328 Butterfield Avenue, voiced concern about applicants not building what is approved and setting a precedent.  Pat Vieta, Wagner Road, also questioned enforcement of rules and procedures and possible penalties.  Discussion followed with Chairman Carr explaining that imposing penalties are not within the purview of the Commission, and that the applicant was not getting any special treatment.  

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

For the record, Mr. Popolizio thanked the Commission for their time and effort and apologized for not following required procedures.

MOTION

In the matter of the final site plan review application by Pat Popolizio for a 5,200 sq. ft. year-round banquet facility located at 2-4 Freemans Bridge 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:  S. Marsh
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED

MOTION

In the matter of the final site plan review application by Pat Popolizio for a 5,200 sq. ft. year-round banquet facility located at 2-4 Freemans Bridge Road, the Planning and Zoning Commission hereby approves the application.  The Commission’s decision is based upon the following findings:
1.      The proposed use does exhibit adequate and logical vehicular access and circulation, including intersections, road widths, curbing, and traffic controls.

Planning and Zoning Commission Meeting Minutes
July 14, 2008
Page 3

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

3.      The proposed use does demonstrate adequate provisions for the collection and/or disposal of storm water, sanitary waste, and garbage.

Motion:  M. Storti      Seconded:  S. Marsh
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED


3.   Lowe’s Home Centers, Inc.                          Revisions to the Approved
     Freemans Bridge Road                                      Site Plan
                                                                                
Due to the recent discovery of a pipe that is discharging PCE-contaminated water, Lowe’s is proposing to eliminate the proposed driveway that would have provided access to the rear of the two properties owned by Cole that abut Freemans Bridge Road immediately north of the proposed access road to Lowe’s.  In-lieu-of construction of the driveway to the rear of the Cole properties, Lowe’s will establish a “mid-parcel” connection from their proposed access road to the southernmost abutting property.

Terresa Bakner, Whiteman Osterman & Hanna, and Rob Jess were present to address the Commission.

T. Bakner said due to the discovery of the pipe discharging contaminated water, Lowe’s is not able to construct in that area.  It is unknown how long it will take the Department of Environmental Conservation to resolve this issue.  An alternative proposal to establish a stub road across the Piotrowski property is therefore being considered, through the cooperation of the property owners.  They have signed transfer documents for easements, which will be provided to town attorney Margaret Huff.  

MOTION

In the matter of the revisions to the approved site plan application by Lowe’s Home Centers, Inc., located at Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is subject to the following condition:

In connection with the Lowe’s development, NYSDOT has required that the driveway located at 99 Freemans Bridge Road be converted from full access to a right turn in/right turn out limited access driveway.  All of this work can be accomplished in the NYSDOT/NYS owned

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

ROW.  Lowe’s has agreed to cause Ray Piotrowski to provide a temporary access easement to benefit the 99 Freemans Bridge Road parcel to provide a connection between 99 Freemans Bridge Road and Lowe’s Drive.  In addition, upon the written request of the property owner of 99 Freemans Bridge Road (hereinafter referred to as the “Adjoining Owner”), Lowe’s will construct a temporary access from Lowe’s Drive to 99 Freemans Bridge Road across the lands of Ray Piotrowski as shown on the plan prepared by Chazen, dated July 9, 2008 over such easement (herein referred to as the “Temporary Full Access Connection”).  In the event that the Adjoining Owner elects for Lowe’s to construct the Temporary Full Access Connection, the request must be received by Lowe’s prior to October 1, 2008.  Lowe’s shall provide the Adjoining Owner with a copy of this condition via receipted delivery.

In the event that anyone seeks approvals from the Town of Glenville to undertake any regulated activity at 99 Freemans Bridge Road, the Town may require the removal of the Temporary Full Access Connection, termination of the easement and may require the Adjoining Owner to construct a new access to Lowe’s Drive as shown on the original amended site plan approved by the Town on May 12, 2008 (hereinafter referred to as the “Second Access”).  An easement agreement signed by Ray Piotrowski will be given to the Town in the event the Town requires the Adjoining Owner to construct the Second Access.

Motion:  M. Storti      Seconded:  C. Casey
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED

P. Huff requested a copy of the easements/transfer documents be delivered to her office.


4.  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 two, two-story apartment (condo?) buildings.  One building would hold 10 units while the other would have 8 units, for a total of 18 units.  This application also calls for two five-stall garages.  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.

Attorney Donald Zee represented the applicant.  He explained that a new proposal has been submitted per concerns expressed at the previous meeting.  There are now two buildings, one with 10 units, and one with 8 units, and two garage buildings with five bays each.  The

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

building closest to Route 50 is setback 40’.  The previous building was 60’ wide; the new proposal is for a building 52’ wide.  The 10-unit building is 170’ from the pool owned by the neighbor in the rear of the property.  The buildings are two story, and about 32’ in height.  There are now individual entrances for each unit.  Each condominium is on a separate deed, is approximately 1,100 sq. ft., has two bedrooms, two baths, radiant heat and will sell for about $170,000 without a garage.  The garages will include an exclusive right to occupy space in the driveway in front of the garage bay.

D. Zee said the existing connection to the cul-de-sac is for utilities; water and sewer.

G. Bordeau said the garages provide screening for the homes on Dover Place and have reverse gables which look less boxy.  Elevations show shakes and stone details to break the lines of the buildings.

M. Carr asked about existing vegetation.  G. Bordeau said it is brush hogged and that there are only a few large trees on the property.

When asked, K. Corcoran said there are no dimensional standards for a PDD; 40% green space is required, but there is no need for an area variance.

P. Huff asked if the formation of a drainage district will go forward if the zoning change is approved, and G. Bordeau confirmed it would.

MOTION

In the matter of the zoning map amendment application by Bordeau Builders for property located at 69 Saratoga Road, the Planning and Zoning Commission recommends that the Town Board approve this application to change the zoning of this property from Mixed Use PD to Residential PD.  The findings of the Planning and Zoning Commission are:

(1)     The uses proposed will not be detrimental to surrounding uses, but will have a beneficial effect, which could not be achieved under another district.
(2)     Land surrounding the proposed development can be planned in coordination with the proposed development and that it be compatible in use.
(3)     The proposed zoning change is in conformance with the general intent of this Ordinance and the Town of Glenville Comprehensive Plan.
(4)     Existing and proposed streets are suitable and adequate to carry anticipated traffic within, and in the vicinity of the proposed development.
(5)     Existing and proposed utilities are adequate for the proposed development.



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

(6)     Each phase of the proposed development, as it is intended to be built, contains the required parking spaces, landscaping and utilities necessary for creating and sustaining a desirable and stable environment.

Included in this recommendation is the conceptual sketch plan labeled C1 and elevation rendering as desirable materials, appearance, and use.

Motion:  M. Storti      Seconded:  W. Pryne
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED

5.   Approval of the minutes of the June 9, 2008 meeting

Motion:  M. Storti      Seconded:  C. Casey
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED

6.  Other Business

P. Huff stated that an extension of an additional 62 days before action on the Carusso 3-lot subdivision application has been requested.  The applicant is completing a Phase II environmental investigation on the site.

MOTION

To grant an additional 62-day extension to Mr. Carusso for the subdivision application for property located at Mohawk Avenue and Alexander Avenue.  The new deadline date is September 12, 2008.

Motion:  M. Storti      Seconded:  S. Marsh
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, August 11, 2008.  The agenda meeting will be held on Monday, August 4, 2008.  With no further items on the agenda, the meeting was adjourned at 8:25 p.m.

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




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