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

Present:        Chairman Mike Carr, Walter Pryne, Tom Bodden, Mark Storti, Chris Casey and Jim Gibney

Absent: Steve Marsh

Also Attending: Kevin Corcoran, Town Planner, Dana Gilgore, Engineering Tech II, Margaret Huff, Town Attorney, and Chris Flanders, Recording Secretary

Chairman Carr introduced and welcomed new member Chris Casey to the Commission.

1.      Approval of the minutes of the December 10, 2007 meeting as presented.

Motion:  W. Pryne        Seconded:  C. Casey
Vote:   Ayes: 5 Noes: 0 Absent: 2

2.     Todd Carkner                                                                     Site Plan Review
 714 Saratoga Road                                             Combined Preliminary and
                                                                        Final (Public Hearing)
The applicant is requesting site plan approval to establish an 801 sq. ft. office and 1,214 sq. foot retail space within the existing vacant building at 714 Saratoga Road (just north of Stewart’s).  The property is zoned Community Business.  

T. Carkner addressed the Commission regarding this application.  

M. Carr noted issues that have been discussed, including the curb-cut will have to meet NYS Department of Transportation requirements, the Commission would like to see curbing on the inside of the green space, lighting plans, that the present sign is in the DOT right-of-way, the adequacy of parking, and the use of the office/retail space.

T. Carkner said curbing was not planned for inside the green space; he had planned on using shrubs.  The lighting proposed is on the site plan.  The retail space will be used for a consignment shop and the office area is still vacant.  He anticipates a use such as an insurance office.  M. Carr stated that although Mr. Carkner did not plan on inside curbing, the Commission would like to see it added.

Planning and Zoning Commission Meeting Minutes
January 14, 2008
Page 2
M. Carr indicated a letter had been received from an abutting neighbor, Kurt Bedore.  T. Carkner is aware of Mr. Bedore’s concerns and they are working together to resolve them.  

T. Bodden asked if there are limits on the use for the 800 sq. ft. space.  K. Corcoran indicated there are not.  T. Bodden asked about bathroom facilities.  T. Carkner said there are two bathrooms; one of the showers will be removed.  There are also two kitchens which will be removed.  The septic was inspected and is adequate for the anticipated volume.

T. Carkner also said there are no storm sewers to connect to, and sump water discharges towards Mr. Bedore’s property.  He plans to redirect the water towards the middle of his own parcel.  He will not be increasing the impervious surface and he is aware the ground water level is extremely high.

He added that there is an existing six-foot stockade fence in good condition, but it does need to be straightened.

Chairman Carr opened the public hearing.

Ann Schworm, 91 Kingsbury Road, stated she has had problems in the past with previous owners of this property.  She is looking for a fence to be installed to buffer her property.  She also said that run-off from that property flows through her property.

Kurt Bedore, 19 Kingsbury Road, said he has talked to Mr. Carkner regarding the issues in the letter he had sent and has a few more questions.  He asked about the hours of operation and was told the consignment shop, Baby Bear Boutique, would be open 10 a.m.-8 p.m.; weekends, 10 or 11 a.m. until 6:00.  The owner of the consignment shop provided photos of her previous consignment business that closed in 1999 as an example of how the store would look.

Mr. Bedore questioned the plans for waste removal.  T. Carkner said there would be normal residential pickup; no dumpsters.  The consignment shop owner said daily garbage would be taken to her home on a daily basis.  M. Carr said businesses are typically asked to place trash in a fenced area as a visual buffer.

With no one wishing to speak any further regarding this application, Chairman Carr closed the public hearing.

Planning and Zoning Commission Meeting Minutes
January 14, 2008
Page 3
When asked, T. Carkner said the existing storage, a detached garage, is staying.

Discussion followed regarding the fencing/buffering concerns.  The existing fence is located on Mr. Bedore’s property.  Additional fencing and the planting of arborvitae were options discussed for the property line adjoining the Schworm property.  T. Carkner said the rear of the property is in need to be cleaned up.


In the matter of the site plan application by Todd Carkner, for a retail space and office space located at 714 Saratoga 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:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
(Vote reflects arrival of M. Storti)


In the matter of the final site plan review application by Todd Carkner for a retail establishment and office space located at 714 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:
1.      The proposed use does conform to other applicable provisions of the Zoning Ordinance, including, but not limited to, landscaping requirements, building design, off-street parking requirements, building setbacks, fence requirements, sign regulations, storm water management and erosion control requirements, etc.

2.      The proposed use does exhibit adequate and logical vehicular access and circulation, including intersections, road widths, curbing, and traffic controls.

3.      The proposed use does exhibit satisfactory pedestrian and bicycle access and circulation, including separation of pedestrian traffic from automobile traffic, the placement and usefulness of on-site sidewalks and walkways, the accommodation for pedestrians at adjacent street intersections, and overall pedestrian and bicyclist safety and convenience.

4.      The proposed use does exhibit adequate and logical location, arrangement, and setting of off-street parking and loading areas.

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

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

6.      The proposed use will allow for adequate on-site snow plowing and snow storage.

Conditions of Approval:

1.  The trash receptacle must be under cover and shown on the site plan.
2.  Applicant agrees to shore-up/straighten existing fencing.
3.  Applicant agrees to create a buffer area in the rear of the parcel, along the Morris Schworm property, for a distance of 100’, consisting of 20 five-foot arborvitae placed five feet apart and planted this spring, 2008.  This is to be shown on the site plan.
4.  Discharge of sump water will be re-directed towards the north and indicated on the site plan.
5.  Curbing is to be added inside the island at the front of the property and also shown on the site plan.
6.  Applicant agrees to curb-cut requirements per New York State Department of Transportation; if different than existing curb-cut, it is to be shown on the site plan.
7.  Applicant agrees to work with neighboring property owners regarding the fencing, buffer, and water discharge.

Motion:  M. Storti       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1

3.     Ann Young                                                                          Minor (2-lot) Subdivision
 24 Spring Road (access off Dalton Road)                         (Preliminary)                                                                                                                
This proposal calls for the creation of a 0.95-acre parcel from an existing 4.6-acre parcel.  Public water and a septic system are proposed for the new lot.  The site is located approximately 450 feet east of Spring Road, on the north side of Dalton Road.  The project site is zoned Suburban Residential.  

Surveyor Joe Hammond, Buckman & Whitbeck, represented Ms. Young.  He noted that a key issue discussed at the agenda meeting is ownership of Dalton Road.  He said an exception exists in the deed.  Ms. Young does not own the road and that is recognized on the new map.

M. Carr stated that it was asked at the agenda meeting if the applicant is willing to deed the property that Dalton Road now occupies to the Town.  He stated this is now a non-issue.  Also discussed was that if the property is conveyed to the Town and the Town accepts the property, the lot will not longer be landlocked.  M. Carr stated that a profile and plan to extend the water line to provide water service to this lot is needed.  He also asked if any feedback from the Highway
Planning and Zoning Commission Meeting Minutes
January 14, 2008
Page 5

Superintendent regarding road width has been provided.  D. Gilgore stated he was not able to get that information in writing from Mr. LeClair, but the town standard for a road is 60’.  He added ‘3-rod’ roads do exist in the Town; these are older roads that are 49½ feet wide.

Discussion followed regarding the exception in the deed.  M. Carr explained that if the property that Dalton Road sits on has not been conveyed to the Town, the Commission cannot act on the application, because the property would be landlocked.  The 60’ road width requirement versus the existing 50’ was discussed further, with input from the Highway Superintendent determined to be necessary.

Mr. Hammond said he would provide a profile and plan to extend the water line.

After looking at tax maps, D. Gilgore said they indicate that Dalton Road is 50’ wide at the intersection of Laury Lane.

It was determined a new title search has not been done.  D. Gilgore said an easement may be needed for the water line to stay out of the ditch.

The applicant’s representative is going to contact R. LeClair and P. Huff will follow-up on ownership of the road.  She will then contact J. Hammond with her findings.

It was agreed by all parties to continue this application at the next meeting.

4.     David Pahl                                                                         Major (7-lot) Subdivision
 96 Pashley Road                                                (Preliminary)
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 Mr. Pahl in this application.  He described the project for the Commission.  He explained the existing residence and motorcycle shop will remain on a 1.66-acre lot.

He provided a very conceptual plan for possible build-out for a third phase on the remaining 15 acres.  

G. VanGuilder, Van Guilder Surveyors, said that he has discussed combining driveways on Pashley Road with Paul Sheldon, Schenectady County Department of Public Works.  Percolation tests were done November 2nd and the resulting data is on the subdivision map.

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

G. VanGuilder said septic designs will be submitted as each house is submitted for permits to the Building Department.

M. Carr listed the concerns of the Commission as follows: new concepts with homes on the interior of the lot, minimizing curb cuts on Pashley Road, and the odd arrangement of the cul-de-sac.  Discussion followed regarding other possibilities for layout, the situation of a lot fronting two roads, and environmental issues involved with a cycle repair business.

G. VanGuilder will contact the Schenectady County DPW to meet and review the plan and will prepare a storm water management plan.  He will also discuss other layout options with the applicant to look at alternatives.

It was agreed by all parties to continue this application at the next Planning and Zoning Commission meeting.

5.     Pet Lodges of Vermont, LLC / Matt Sames                      Conditional Use Permit
 53 Freemans Bridge Road                                       Recommendation to the
                                                                        Zoning Board of Appeals
This proposal involves the establishment of a pet day care and boarding facility in the warehouse portion of the Checkerhill Farms building.  The existing retail portion of the building will remain unchanged.  The parcel is located on the northwest corner of Freemans Bridge Road and Sarnowski Drive.  The zoning of the property is General Business.

Mr. Sames was present to address the Commission.  He said other Pet Lodge facilities are located in Plattsburg, Vermont, and the Albany Airport.  The existing kennels on the north side of the building and the storage yard in the rear would be wrapped with a fence and windscreen for the dogs.  This fence is the reason a setback variance would be required.  

M. Carr said in addition to the variance required, the Commission also notes the green space may be a good idea in the front of the property to mitigate stormwater runoff, the new easement needs to added to the site plan, the location of the sign is now on the state right-of way and needs to be relocated, the members would like to know how lighting may affect the neighboring properties, the dumpster location concern, and questions about the walking of the dogs.

M. Sames said he was aware of the easement that the current owner has granted for Lowe’s, and that the sign needs to be relocated.  He said the dogs are taken on leashes for walks.  The dogs are inside at night.  The dumpster will be moved to the back of the building where it will be easier for trucks to access and turn around.

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

When asked about animal waste, M. Sames said it is picked up daily, bagged and disposed of in the trash.  M. Sames said forty dogs generate about twenty pounds of waste per day.  

He also said that barking at night has not been an issue because as soon as the lights go out, the dogs settle down.  There are web-cams for owners to monitor their pet whenever they want.

The area where the variance is requested borders a paper street, which is an easement.  

M. Carr then read letters of support from Philip Barrett, Town of Clifton Park Supervisor and Sean Abell, Veolia Environmental Services, neighbor of the Albany Airport Pet Lodge.  These letters are attached and made part of this record.

M. Carr also read a letter of support from Henry and Sandra Sarnowski, 56 Freemans Bridge Road.

T. Bodden asked why this application needs a conditional use permit, and K. Corcoran responded that all kennels require a conditional use permit per Town Code.

Discussion followed regarding adequate parking.  K. Corcoran will look at the requirements.  The question is if a variance for parking will also need to be granted for this application to move forward.


In the matter of the conditional use permit application by Matt Sames, Pet Lodges of Vermont, LLC to establish a pet boarding facility at 53 Freemans Bridge Road, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve with conditions the application.   

Recommended conditions of approval are:
1.      Applicant is to obtain a set-back variance for the enclosure at the rear of the building.
2.      Applicant is aware that the sign location may need to be moved.
3.      The dumpster is to be moved to the west side of the building and screened adequately.
4.      The applicant is aware that there may be a need for a variance for parking.

Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 1

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

The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, February 11, 2008.  The agenda meeting will be held on Monday, February 5th.  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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