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May 5 Agenda Mtg
Town of Glenville
Planning and Zoning Commission
Agenda Meeting
Monday, May 5, 2008
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302



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

Excused:        Chairman Michael Carr

Also Attending: Kevin Corcoran and Michael Burns, Town Planning Department, Paul Borisenko, Building Inspector



At this evening’s agenda meeting, the Commission opted to take action on the three-lot subdivision application on Amsterdam Road and Alexander Avenue by Michael Carusso.  The PZC held a public hearing on this application on March 10, 2008.

The PZC closed the public hearing on March 10th.  The Commission then recommended that the Zoning Board of Appeals approve the conditional use permit component of this application, but they withheld a decision on the subdivision application until the applicant produces a Phase I Environmental Audit/Assessment of the project site.  The Phase I environmental was requested due to the fact that this property has been used for dumping in the past, and based on testimony of residents who have witnessed dumping at the site.  The PZC was reluctant to act on the subdivision unless and until they knew the extent and nature of the dump and fill materials, and whether or not there were any hazardous materials on the property, and whether or not the fill material might impact construction of the three proposed duplexes.

The engineer for the project, Brett Steenburgh, indicated at the March 10th meeting that it would take two to three weeks to produce the Phase I Environmental Audit.  Two months have passed and the Environmental Audit has yet to be submitted.  This is an issue because New York State Town Law requires that Planning Boards must take action on a subdivision application within 62 days of closure of the public hearing.  Failure to act during this 62-day period results in an approval of the application.  The 62-day decision period for the Carusso application expires on Sunday, May 11, 2008, meaning that if the PZC does not act tonight, the Carusso application will be approved.

Kevin Corcoran indicated that he e-mailed and spoke with Brett Steenburgh last week, and that he informed Brett that he or his client needs to submit a written request to extend the 62-day decision period, or face the possibility of disapproval of the subdivision.  Kevin expected a written or e-mailed request for an extension by tonight’s meeting, but it has not yet arrived.  Consequently, it is advisable that the PZC make their decision this evening.

MOTION

In the matter of the three-lot subdivision application by Michael Carusso to establish three building lots for three duplexes on Amsterdam Road and Alexander Avenue, the PZC hereby disapproves the application unless the applicant submits a written or e-mailed request to the Town of Glenville Planning Department requesting an extension of the 62-day review period.  This request must be submitted no later than 5:00 p.m. on Friday, May 9, 2008.  The decision to disapprove the application is based upon a lack of sufficient information having been submitted in order for the PZC to make a rational decision on the subdivision application.  Per the March 10, 2008 meeting, the applicant must submit a Phase I Environmental Audit/Assessment for consideration by the PZC prior to a decision being rendered on this subdivision application.

Motion:  J. Gibney  Seconded:  T. Bodden
Vote:   Ayes:      6 (J. Gibney, T. Bodden, C. Casey, W. Pryne, S. Marsh, M. Storti)
Noes:      0
Absent:   1 (M. Carr)
MOTION CARRIED

(Tuesday, May 6, 2008, an e-mail was received by the Town of Glenville Planning Department from Carusso representative Brett Steenburgh, P.E., requesting a sixty-two (62) day time period extension to provide additional information in support of the Carusso application.  A hard copy of this e-mail is attached and made part of these minutes.)



Submitted by Kevin Corcoran, Town Planner            Filed with Linda Neals, Town Clerk 

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