Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
December 8
Town of Glenville
Planning and Zoning Commission
Monday, December 8, 2008
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


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

Excused:        Chairman Mike Carr and Chris Casey

Also Attending: Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, Edward Rosenberg, Town Councilman, and Chris Flanders, Recording Secretary


1.   Approval of the minutes of the November 10, 2008 meeting

Motion:  W. Pryne       Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED


2.  Bordeau Builders                                                                Site Plan Review
    69 Saratoga Road                                                           Final (Public Hearing)

The applicant is proposing to construct 16 condominium units in two eight-unit buildings as well as two five-stall garages.  The property was recently rezoned by the Town Board to Residential Planned Development, thereby allowing the applicant to seek construction of condominiums instead of the previously-approved office building.

Gary Bordeau, applicant, Donald Zee, the applicant’s attorney, and Jason Dell, Lansing Engineering, were present to address the Commission.

Mr. Zee made a short presentation explaining that this is the fifth appearance in front of the Planning and Zoning Commission and summarized the history of the application for those who have not been present at previous meetings.

A photograph of the proposed lighting, pole and globe, was provided.  They are twelve feet high and would be owned and maintained by the condominium association.

Per last month’s request by the Planning and Zoning Commission, a new elevation for the building plan to break up the east side of the condominium building and vegetation on the north side of garages was submitted.  This rendering was deemed to be much more esthetic.

Also requested was additional buffering.  This was achieved by the addition of arborvitae, five feet in height, ten feet on center, being added to the already existing treed buffer to the rear of the garage.
Planning and Zoning Commission Minutes
December 8, 2008
Page 2

When asked by M. Storti why white pines would not be used as additional buffering, G. Bordeau stated that the arborvitae would grow very dense; there are some pines already there, twenty-five feet away from the arborvitae line.  The condominium association will maintain the hedge created by the arborvitae.

S. Marsh stated that the light reflector and lens need to prevent light spillage.  G. Bordeau said he will confirm that light will not bleed upward and indicated on the plan where the lights would be located.  None will be located on the rear side of the property.

It was also determined that the stormwater detention ponds in the front of the property have been eliminated; the project will use the existing stormwater management system.

Deputy Chairman Storti then opened the public hearing.

Richard Usas, 1 Miracle Lane, stated his concerns and those of Ron Bova, also a resident of Return.  He asked that lighting be limited to the center of the project, not on the perimeter, which has already been addressed.  He is concerned about the possible removal of large trees and wants a no cut area.  G. Bordeau indicated on the map where the buffer is shown.  It is documented on the site plan.  

R. Usas then asked about the need for sidewalks and a kiosk for the CDTA bus stop on Route 50.  M. Storti explained that it has been determined that this area is a suburban motor vehicle area and is not located within the Town Center District.  Provision has been made allowing room for future sidewalks located within the right-of-way.  Mr. Zee clarified that if sidewalks are eventually installed, the maintenance of them would be the obligation of the condominium association.

R. Usas is also concerned with increased traffic at an area that has a high accident rate.  D. Zee stated that traffic studies indicate that traffic generated by a residential use would be significantly less than if the originally approved office building were to be built.

Mr. Usas then read from a letter submitted by Ron Bova, Return resident.  In addition to concerns already stated by Mr. Usas, Mr. Bova questions stormwater management and possible flooding.  Mr. Usas also stated he does not like the idea of a dumpster vs. weekly container pickup.  It was determined that the dumpster would be enclosed and approximately 240’ away from the nearest house.

The question was raised about contacting the local fire department regarding any issues they may have.  It was suggested the applicant do so.

The Commission asked to keep the public hearing open while awaiting the comments from Chazen Engineering, who is currently reviewing this application.  The applicant agreed.


3.  Maddalone Development                                                       Major (8-lot) Subdivision
    Woodruff Drive & Judy Drive                                                Final (Public Hearing)

Planning and Zoning Commission Minutes
December 8, 2008
Page 3

“Park Ridge Estates” is a major subdivision proposal of a 10.18 +/- acre parcel at the end of Woodruff Drive and Judy Drive. The proposal consists of 8 new single-family residential building lots and a stormwater detention basin parcel to be dedicated to the Town.  Public water would be extended from Woodruff Drive and all lots would have on-site septic systems. The parcel is located within a Suburban Residential zoning district.  This project was most recently reviewed by the PZC in March, 2007, at which time 10 new residential lots were being proposed in addition to the stormwater management parcel.

Melissa Currier and Frank Palumbo, C.T. Male Associates, were present to represent the applicant.  M. Currier gave a brief description of the proposal.  She said a meeting took place December 3rd with the Glenville Department of Public Works.  At that meeting, looping water lines and possible road connections were discussed.  The original road hammerhead proposed would be flipped for easier maintenance by the DPW.  The access to the Indian Meadows Park has been widened from fifteen feet to thirty feet.  Swales have been added to collect any run-off from the lots.

Mr. Palumbo addressed the truck traffic created by the cut and fill process.  He said some grading changes that have been made will result in less cut being required and fewer number of trucks on Woodruff Drive.  He added that fill may be offered to the Town for use in park projects and the soil will be investigated.  When the grading plans are fine-tuned, firm numbers and quantities will be forthcoming.  

Stormwater management was discussed with M. Currier explaining there is a ridge that runs in the middle of the property and the diffusing system proposed will result in no change of rate between pre- and post-development.

M. Storti questioned the number of lots, specifically the four lots on the eastern part of the parcel, and suggested decreasing that number.  F. Palumbo noted this is an economic decision, is in the client’s best interest, and allowed within the town code.

M. Currier said access to the Town park will be a via a wood chip walkway.  An easement will be prepared after further discussion with James MacFarland, Parks Director.

Discussion followed regarding Amsterdam fill systems.

M. Storti then opened the public hearing.

Michael Deltry, 5 Edmel Road, as a member of the East Glenville fire department, noted that the fire hydrant at the top of Edmel Road has very low pressure and suggested a fire flow test be done.  He also asked if a road would connect to Edmel Road.  M. Currier answered there will not be a connection because it is not feasible due to the topography and wetlands present.

Scott Olszowy, 36 Woodruff Drive, questioned the effectiveness of drainage swales and provided photos of water flowing around his house.  The swales currently located in the area are not capable of handling the amount of water that is there now.  M. Currier said the stormwater management plan is being finalized.

Gerald Cullen, 5 Judy Drive, is concerned about drainage and snowmelt run off.
Planning and Zoning Commission Minutes
December 8, 2008
Page 4

Peter Miranda, 22 Woodruff Drive, stated that he appreciates a trail being left for the public, but is also concerned about the wetlands that are in the area.  He asked if there would be a buffer between the rear of the homes and the park.

Duncan Leach, 42 Woodruff Drive, said he appreciates the swale being put in, as he is greatly affected by run-off.  He asked about the percolation tests and borings.  He has had standing water in his backyard for the last four months and thinks there may be an underground spring.  He also asked if there are any records regarding Woodruff Estates limiting the number of homes that could be built.  He has heard that this number may already be exceeded.  F. Palumbo said that could be checked in County records to see if it is included in any deed restrictions.

Ann Kuster, 45 Edmel Road, stated she lives at the top of the hill but still has had to have her basement pumped out many times.  Her backyard is muddy.  She is concerned that the taking of trees and removal of dirt will affect her property.  M. Currier clarified the grading, which is not as much as Ms. Kuster had anticipated.

Joyce Maddalone, 9 Judy Drive, complimented the applicants, her sons, on leaving an access to the park.

Chris Pooler, 43 Edmel Road, asked if the homes would have basements.  M. Currier said that as they are designed now, yes, there would be basements.  He said he is three houses from the park and all the houses above him need to be pumped regularly, as well as his own.

J. Gibney said there are clearly drainage issues involved in this project.  He summarized that final plans are needed, a fire flow test is needed, the management/ownership of the trail into the park needs to be discussed, the details of changing the water line need to be ironed out, details of moving the houses and Amsterdam fill systems, of what the truck traffic will be for moving dirt in and out, the assumption of a deal with the town cannot be made and the numbers should reflect the complete removal of soils, the deed must be researched, and the southwest corner and managing the stormwater issue needs to be addressed.  There is also the concern about phasing of development.  Noting the economy, this project could get halfway through, and construction may stop entirely.  That needs to be factored in as well.

T. Bodden asked if the access to the park would be increased.  Mr. Maddalone said it will be just easier access for the neighbors.  He did not anticipate anyone parking on the road to access the park.

S. Marsh complimented the audience for their polite manner of addressing this proposal.

The Commission asked to keep the public hearing open while awaiting responses to the issues summarized by J. Gibney.  The applicant agreed to continue this application at next month’s meeting.


4.  Michael Crowley                                                                 Site Plan Review
    104A Heckeler Drive                                                        (Preliminary)

This proposal is for an already existing accounting office on Heckeler Drive.  The property is zoned Professional/Residential.  
Planning and Zoning Commission Minutes
December 8, 2008
Page 5

M. Storti stated that Gavin Vuillaume, Environmental Design Partnership, would not be able to attend this evening’s meeting, but the Commission had no issues with the application at the agenda meeting.

MOTION

In the matter of the preliminary site plan review application by Michael Crowley for an accounting office, located at 104A Heckeler Drive, the Planning and Zoning Commission hereby approves the preliminary application.  

The Commission hereby schedules a public hearing for January 12, 2009 to consider the final site plan review application for this particular project.

Motion:  M. Storti      Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED


5.  HB & I, LLC                                                             Site Plan Review
    174 Saratoga Road                                                  (Preliminary)

This item involves a site plan review application for an already existing law office and instructional services on the northeast corner of Route 50 and Lincoln Drive.  The property in question is zoned Professional/Residential.  

Duane Rabideau, Van Guilder Associates, addressed the Commission.

Mr. Rabideau said this is an existing business and the application has gone before the GECC.  The proposal involves retaining the driveway to the rear of the building; remove some pavement, and create off-site parking.  The basic comment from the GECC was to contain the anticipated run-off from the parking lot into a recharge basin onsite.  D. Rabideau stated that two area variances would be required from the Zoning Board of Appeals, and the applicant is scheduled to appear before the ZBA on December 15th.  If granted, these variances will allow for a paved parking area associated with a proposed professional office to be located closer that the required 40 feet to a residential property line.  The applicant is proposing to establish a parking area and entrance a distance of 23 feet to the easterly lot line and a parking area 10 feet to the northerly lot line.  

M. Storti asked if the condition of a wet basement is being created for the neighbor to the east.  D. Rabideau said no.  It was also determined that a stormwater management plan is not required for this proposal.

When asked what the hours of business are, D. Rabideau said 9:00 to 5:00.

M. Storti noted that bushes will be planted east of the driveway.  D. Rabideau stated they will be six feet spruce and pine trees, ten feet on center.  

Planning and Zoning Commission Minutes
December 8, 2008
Page 6

MOTION

In the matter of the preliminary site plan review application by HB & I, LLC for a law office and instructional services business, located at 174 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1)  The requested area variances are granted by the Zoning Board of Appeals.

The Commission hereby schedules a public hearing for January 12, 2009 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for January 12, nine (9) copies of any revised site plans must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing date.

Motion:  M. Storti      Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED


6.  Ronald Woodbeck                                                     Site Plan Review
    491 Saratoga Road                                                  (Preliminary)

The applicant is proposing to open a daycare facility in the vacant former school building on the southwest corner of Route 50 and Gleason Road.  This parcel is zoned Professional/Residential.  

Mr. Woodbeck was present to answer any questions the Commission may have.

M. Storti said traffic ingress and egress and circulation may be an issue and should be addressed.  He also stated it is the understanding of the Commission that NYS Departments of Labor and Health are governing agencies regarding the safety and environmental issues associated with a daycare facility.

Mr. Woodbeck said the Department of Health recommended abatement of asbestos in floor tiles by carpeting over them as they are intact and the room they are located in will be used for storage only.

To address the traffic issue, Mr. Woodbeck said of the 30-40 children expected, about half of them will be bussed.  Signs and arrows will be marking the parking lot for ease of circulation.

M. Storti then asked about the existing septic system.  Mr. Woodbeck stated that the current system is large enough for the anticipated number of staff and children, but there is a question if the existing system is functioning.  If it is found to be non-functioning, a new septic system will be installed.  There is a sufficient number of toilets and sinks required for staff and children.  The site plan shows a new system, because he is assuming the existing system no longer works, as the building has been vacant for several years.  K. Corcoran said whichever system that ends up being used is the one that needs to be shown on the map.
Planning and Zoning Commission Minutes
December 8, 2008
Page 7

Traffic circulation was discussed and ‘no parking’ signs were suggested in the bus pickup/drop-off area.  It was determined there is enough parking provided.

Mr. Woodbeck said in addition to daycare for infants and toddlers, an after school program would be offered, resulting in a total of 72 to 80 children on the premises.  He is also going to offer vacation programs.  The facility will open between 6-7 a.m. until 5:30-6:30 p.m., non-traditional hours which allow parents to commute.  Primarily there will be pre-school children, and the half-day kindercare.  He will also offer what is called ‘wrap around care’ allowing parents to drop their children off early, be bussed to school around 8:00 a.m., and return at the end of the school day until pickup at the end of the parent’s work day.

S. Marsh noted it would be helpful to have traffic arrows in the parking lot added to the site plan.

Mr. Woodbeck said in addition to controlling traffic with arrows, enrollees will get a map, it will be addressed at the open house, someone will be outside directing traffic until it becomes a habit, and it will be on the web page; safety is paramount.

MOTION

In the matter of the preliminary site plan review application by Ronald Woodbeck for a daycare facility, located at 491 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:
1)      Traffic queing and circulation pattern is to be shown on the site plan as discussed.
2)      If the original septic system is in good working condition, the applicant is to submit an amended site plan showing the existing, not the proposed, septic system.

The Commission hereby schedules a public hearing for January 12, 2009 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for January 12, 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:  M. Storti      Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED


7.  John and Samantha Stephens                                          Minor (4-lot) Subdivision
    Swaggertown Road and Bolt Road                                     (Preliminary)

This application calls for the reconfiguration of a previously-proposed subdivision of a 52+ acre parcel on the northwest corner of Swaggertown Road and Bolt Road.  The result of this subdivision would be the creation of a 3.1-acre parcel on which a home is currently being built, as well as two new building lots

Planning and Zoning Commission Minutes
December 8, 2008
Page 8

consisting of 2.24 acres and 2.14 acres.  The remaining 44.66-acre parent parcel is not being targeted for development at this time.  The project site is zoned Rural Residential/Agricultural.

The applicant stated the lots are in the field area, and no trees will be removed.  The remaining 44 acres will be used for horses.  He also stated that there is about 624’ of frontage on Bolt Road.

M. Storti noted that this is a difficult site as it is very wet.  There are many tributaries to the Indian Kill.  He added the 100’ buffer should begin at the bank level, not the middle of the stream, which could affect lot line placements, specifically Lot B.  Lot C is the rebuilt house.

Mr. Stephens said percolation tests allow for a partial fill septic system.

M. Storti noted that the basements would need sump pumps.  Mr. Stephens said houses with basements partially in the ground may be built.  He added that a Stormwater Pollution Prevention Plan is not required because the disturbance is under the one acre threshold.  

MOTION

In the matter of the preliminary minor subdivision application by John and Samantha Stephens for a four - lot subdivision located at the corner of Swaggertown Road and Bolt Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary subdivision approval are as follows:
1)      The applicant is requested to provide a written statement as to his intentions for the larger parent parcel.  If it will not be developed within the next 18 months, that statement must be made.
2)      The 100’ buffers must be shown on the map and be from the stream banks, as this may or may not affect Lot B.

The commission hereby schedules a public hearing for January 12, 2009 to consider the final minor subdivision application.  However, in order for the Commission to schedule a public hearing for January 12, nine (9) copies of the revised subdivision map and/or requested information must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing.

Motion:  M. Storti      Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED


8.  Town of Glenville                                                               Zoning Text Amendment
                                                                                               Recommendation to the
                                                                                                Town Board

The Town Board has proposed legislation that would amend the Town of Glenville Zoning Ordinance so as to allow nonconforming businesses to do a one-time transfer from one property to another in General Business zoning districts.  
Planning and Zoning Commission Minutes
December 8, 2008
Page 9

M. Storti stated that the Commission has discussed the three options presented in length and read the following suggested statement:

In the matter of the three zoning text amendments by the Town Board, the P&ZC recommends the following opinion:

One of the important keys to guiding development in the Town of Glenville is Site Plan Review.  Any new or modified zoning amendments approved by the Town Board should include a provision that the P&ZC have the ability to review how a project is built.

The Town Board should research each proposed amendment and identify the impacts to all relative land uses and existing adopted development plans.

If one of these amendments is deemed beneficial to the community, the Town Board should purse that amendment expeditiously and working with the P&ZC to modify, if needed, the Town’s Master Plan and Freemans Bridge Road Master Plan.

J. Gibney then read a statement prepared by Steve Marsh:

In general, the P&ZC is required to follow the Town of Glenville Master Plan and the associated zoning ordinances.  The Town Board supported the P&ZC by approving these plans and ordinances.  The proposed change in the zoning ordinances should be carefully studied with respect to the existing plans and ordinances.  As such, the P&ZC strongly recommends that the proposed legislation is studied with respect to “worst case scenarios” of businesses that could potentially relocate to other areas within the town or within the FBR corridor, prior to any approval of the proposed legislation.  If the change is deemed beneficial, the Master Plan and FBR Master Plan should be modified by the P&ZC and formally approved by the Town Board after the opportunity for review and comment by the public.  This process will ensure development that is profitable to businesses in keeping with the character of Glenville and compliant with all applicable zoning ordinances.  This process will also avoid the risks of unforeseen and unintended consequences of approving a change in zoning ordinances absent of sufficient study and public participation.

Jim added that “the way the proposals are written, without site plan review, is just wrong and open and fraught with potential for abuse as far as I’m concerned.  Speaking for myself only at this point, the Town of Glenville, when passing the zoning ordinance several years ago, basically said we want to limit the amount of used car dealerships because we were seeing an enormous increase of them and there was a desire of the Planning Board and the Town Board to limit that.  The intensity came up with the requirements that were placed in the Zoning Ordinance.  I personally still think that is a good idea.  To come out and blanketly say we are going to change that Ordinance, I am not in favor of; however the Town Board can do whatever they want to do.  If they are going to do that, let’s not lose control of the site plan process.”

K. Corcoran noted that site plan review has been added to the proposal made by Councilman Koetzle.  

J. Gibney read that proposal:

Planning and Zoning Commission Minutes
December 8, 2008
Page 10

Transfer of Non-conforming Use: Effective January 1, 2008. The owner of a non-conforming use that is located in a General Business District which has an adopted master plan shall be permitted a one-time relocation of said non-conforming business use within the same General Business District, provided:

a.      The property being vacated is being vacated to accommodate: (1) a planned development project which has been approved by the Town and all boards with jurisdiction over the project or a park, recreational area or preserve area  identified in the master plan for the study area, and
b.      The property to be occupied is currently being used for a similar use or was previously used for a use that would be non-conforming under the existing zoning code and has been vacant since such last use.
c.      The onetime relocation of said non-conforming business must occur within one year from the date of being vacated.

T. Bodden stated that “nobody owns a non-conforming use; it is attached to the property.  This is ridiculous.  This option is not worth the paper it is written on and doesn’t bear discussion.”

Discussion followed about what is allowed in parcels zoned Airport Zone.  M. Storti said car rental operations are included as a permitted use.  He doesn’t see a difference between automobile rental operations and used car dealerships.  His issue is site plan review.  

J. Gibney then read the option regarding Airport Zoning.  

270-3. Definitions (add)
        USED CAR DEALERSHIP – Establishments primarily engaged in the retail sale of used or pre-owned cars where service and repairs are incidental to the use.  Any automobile dealership with more than 20% of the cars being used or pre-owned is considered a used car dealership.

270-19*GB Airport Zoning District (add)     *Later corrected to AZ Airport Zoning District (add)
        C(4) Used Car Dealerships
        D(3) Used Car Dealerships

T. Bodden stated what he liked about this proposal is that it only applies to one zone.  There is only one Airport Zone in the Town.  General Business applies to multiple places.  Discussion followed about the areas surrounding the airport and the ability of these parcels being able to allow car dealerships.  T. Bodden noted that 1) the parcel would have to be added to the zone, and b) allowing used car dealerships would have to be added to that zone as an approved use.  

It was determined that none of this is good planning process.  It was stated that this could have a ‘creeping effect’ by the parcels adjacent to one already added.  The Town Board would have to be petitioned, and from what is being heard, they are likely to get the request granted.

S. Marsh posed the question if the process in front of the PZC follows the processes that are established for the Town of Glenville to follow?
Planning and Zoning Commission Minutes
December 8, 2008
Page 11

T. Bodden said this requires a zoning change first.  There is a process in place for that, including a public hearing.  Nothing in the proposals address moving the Airport Zone line to include that parcel.  This needs to be done first.

P. Huff said that the Town Board will first choose an option.  If the Airport Zone option is chosen, then they will change the zoning of the property.

T. Bodden said none of this is “according to Hoyle, or Harry Willis, who wrote the book on Planning and Zoning” and he is concerned the Town could be sued.  Of the three options, he feels the Airport Zoning is the best as it is most compact and controllable.  He stated that he “can’t imagine the Transfer of Non-conforming Use proposal is legal and is a bad idea.  The GB District proposal opens a can of worms because it applies to several places around the Town.  We are not dealing with an issue that has anything to do with anything else except one parcel which happens to be located adjacent to the Airport which has a completely different character, is wide open, and at a corner with heavy traffic.  My preference would be, if you have to do one of these, do Airport Zoning.”

S. Marsh clarified that the Airport Zoning District proposal reads GB Airport Zoning District and it was determined it should read AZ Airport Zoning District.

M. Storti said this is the decision of the Town Board and is why he does not want to select any one option.  He wants to recommend that the Town Board include site plan review in whatever option they choose.

M. Storti re-read his recommendation as follows and stated he would like to make it a motion:
In the matter of the three zoning text amendments by the Town Board, the PZ&C recommends the following opinion:

One of the important keys to guiding development in the Town of Glenville is Site Plan Review.  Any new or modified zoning amendments approved by the Town Board should include a provision that the PZ&C have the ability to review how a project is built.

The Town Board should research each proposed amendment and identify the impacts to all relative land uses and existing adopted development plans.

If one of these amendments is deemed beneficial to the community, the Town Board should purse that amendment expeditiously and working with the PZ&C to modify, if needed, the Town’s Master Plan and Freemans Bridge Road Master Plan.

S. Marsh suggested he would add to the end of the statement, “to solidify those changes before changing the zoning.”  He said the process that we have to modify either of the two master plans is to study it; assess the potential effects and the overall benefits to the Town of Glenville.  He feels the PZC has not had the time to study these proposals.

T. Bodden said he is willing to say two of the proposals are bad ideas.  He is willing to say, IF you chose the airport proposal, add comments made by M. Storti saying site plan review is included.  He said the airport zoning proposal can be considered to comply with the master plans, because it can be done without violating either the Freemans Bridge Road Master Plan or the Town Center Master Plan.  
Planning and Zoning Commission Minutes
December 8, 2008
Page 12

Discussion followed on what other parcels could be affected by this decision, and if the Town Board is looking for opinions on all three proposals.

Liaison and Councilman Rosenberg stated that the Town Board is looking for some guidance from this Commission, whatever it is.

Discussion followed on what the motion should include/state and its intent.  

MOTION

In the matter of the zoning map and zoning text amendment proposal to the Glenville Town Board, the Planning and Zoning Commission recommends the following change:

270-3. Definitions (add)
        USED CAR DEALERSHIP – Establishments primarily engaged in the retail sale of used or pre-owned cars where service and repairs are incidental to the use.  Any automobile dealership with more than 20% of the cars being used or pre-owned is considered a used car dealership.

270-19   Airport Zoning District (add)     
        C(4) Used Car Dealerships
        D(3) Used Car Dealerships
(Note that GB was deleted in the line re: Airport Zoning District as provided to PZC)

Reasons supporting this recommendation: This option requires the least modification to the Town of Glenville Master Plans.

Additional Comments/Recommendations: Any changes to the zoning text or zoning map must not restrict the PZC’s ability for site plan review.
Motion:  S. Marsh       Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED

MOTION

In the matter of the zoning map amendment proposal to the Glenville Town Board, the Planning and Zoning Commission recommends the following change:

Due to the singular and unique nature of the DeCresce parcel, located at 178 Freemans Bridge Road (30.10-3-3), being that 1) it is adjacent to the airport and 2) it has been historically and continuously used for automotive related businesses, the Planning and Zoning Commission recommends that this parcel be rezoned to be included in the Airport Zone District.

Motion:  T. Bodden      Seconded:  W. Pryne
Vote:   Ayes: 5 Noes: 0 Absent: 2
MOTION CARRIED

Planning and Zoning Commission Minutes
December 8, 2008
Page 13

MOTION

In the matter of the zoning text amendment and zoning map amendment by the Town Board, to be located at 178 Freemans Bridge Road, the PZC finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the PZC recommends that the Town Board, as SEQRA lead agency, issue a negative declaration.

Motion:  M. Storti      Seconded:  T. Bodden
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, January 12, 2009.  The agenda meeting will be held on Monday, January 5, 2009.  With no further items on the agenda, the meeting was adjourned at 10:30 p.m.


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



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