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


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

Excused:        Jim Gibney

Also Attending: Michael Burns, Town Planning Department, Margaret Huff, Town Attorney, Paul Borisenko, Building Inspector, and Chris Flanders, Recording Secretary


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

Motion:  W. Pryne       Seconded:  C. Casey
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


2.   Barbara and Donald Jefts                                                   Minor (2-lot) Subdivision
     1734 Vley Road                                                                Final (Public Hearing)
                                                                                
The applicants are proposing to create a .8-acre building lot from an existing 13-acre property (“Native Farm” property).  An area variance has been granted to allow for insufficient lot frontage for the proposed new parcel.  The project site is located on the north side of Vley Road, approximately 700 feet from the intersection of Route 5 and Vley Road.  The new building lot would be located just east of the existing driveway for the Native Farm property.  The new lot, if approved, would be zoned Suburban Residential.    

Barbara Jefts was present to answer any questions the Commission might have.  She explained the single-family lot would be in the front portion of the parcel; the rear portion would remain as a farm.

M. Carr opened the public hearing.  With no one wishing to speak, the public hearing was closed.

MOTION
        
In the matter of the subdivision application by Barbara and Donald Jefts, for a two-lot subdivision located at 1734 Vley Road, the Planning and Zoning Commission finds that this
Planning and Zoning Commission Meeting Minutes
April 14, 2008
Page 2

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
MOTION CARRIED

MOTION
In the matter of the minor subdivision application by Barbara and Donald Jefts for a two–lot subdivision located at 1734 Vley 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.
·       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 $1,000.

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


3.   Dennis Englert                                                                             Site Plan Review
375 Saratoga Road                                                       Preliminary & Final
                                                                                (Public Hearing)
                                                                                                                                               
The applicant is seeking to occupy the vacant Lewis Place office building with professional offices.  The property is located on the west side of Saratoga Road (NYS Route 50), between Woodruff Drive and Edmel Road.  The property is zoned Professional/Residential.


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

Terry Irish represented the applicant.  He said a tenant has been secured for the front of the building and he is asking for site plan approval.

M. Carr opened the hearing to the public.  With no one wishing to speak, the public hearing was closed.

M. Storti noted that per the previously approved site plan, some landscaping is missing.  Mr. Irish said he is aware that six-to-seven trees need to be added.  M. Storti also said if a dumpster is located on the property, is must be enclosed with stockade fencing per the previous site plan.  The catch basins in the parking lot need to be cleaned of leaves and debris, and the exterior building and parking lot lights need to be adjusted to eliminate glare on neighboring properties.  Mr. Irish agreed to these requests.

It was established that Mr. Irish’s wife is Lauryann Scott Irish, owner of the property.

MOTION

In the matter of the preliminary site plan review application by Dennis Englert to occupy an office building with professional offices, located at 375 Saratoga Road (Lewis Place), the Planning and Zoning Commission hereby approves the application and held a public hearing on this date.

Motion:  M. Storti      Seconded:  C. Casey
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

In the matter of the final site plan application by Dennis Englert to occupy an office building with professional offices located at 375 Saratoga Road (Lewis Place), 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:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

In the matter of the final site plan review application by Dennis Englert to occupy an office with professional offices located at 375 Saratoga Road (Lewis Place), the Planning and Zoning
Planning and Zoning Commission Meeting Minutes
April 14, 2008
Page 4

Commission hereby conditionally approves the application.  

Conditions of Approval:

1)  Replace landscaping as shown on the previously approved site plan (6-7 trees)
2)  Stockade fencing enclosure is to be placed around the dumpster if a dumpster is required
3)  All leaves, sand, and other debris is to be removed from detention basins; reset covers as necessary
4)  Exterior lighting and parking lot lighting is to be adjusted to prevent glare on neighboring properties

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


4.      Chris Myers for Concord Development, LLC                Site Plan Review
        Maple Avenue                                                    Final (Public Hearing)
                                                                                        
Concord Development is proposing a 44-unit townhouse development (Yates Farm Townhomes) in 11 buildings on a 7.3+ acre property.  Preliminary approval for this project was issued in April, 2007.  The project has been downsized from 50 units in 13 buildings to 44 units in 10 buildings.  Also, new construction is no longer being planned for the Yates farmhouse parcel.  The project site is located on the west side of Maple Avenue, across from the western terminus of Alplaus Avenue.  The project site is located in a Multi-Family Residential zoning district.  

Tom Andress, ABD Engineering, represented Mr. Myers, who was also present for the public hearing.

T. Andress said the principal difference in this proposal from the original submission is the elimination of most of the secondary road loop that crossed the stream.  There is now a cul-de-sac, which meets the newest standards.  The local fire department has reviewed and approved of this new proposal.  The archeological study has been completed and ACOE permits have been obtained.  The water and the sewer system will be private and maintained privately.  The stormwater management system will be maintained by the Homeowners Association.  The county has requested a right-of-way, which will be dedicated to them.  The developer will pay a monetary amount for the Alplaus Avenue intersection with respect to traffic and drainage control. The county is in the process of going out to bid for this redesign.  The cemetery is in accordance with SHIPO regulations with an access trail, fencing and additional parking area.  The Homeowners Association will maintain the cemetery unless another organization comes forward.


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

M. Carr read notes from the agenda meeting.  He asked if all issues regarding sewers have been resolved.  D. Gilgore, Engineering, was not present.  P. Borisenko and M. Burns were not aware of any at this point.

M. Carr also asked if the road is not modified, is there sufficient sight distance to go ahead with the project.  T. Andress said yes, for the record, if the county does not get funding, the project will be allowed to continue.

M. Carr asked if the engineering review comments had been received.  M. Burns stated they had been received late today (April 14) from Laberge Engineering.  

M Burns said the comments were mostly technical in nature; there are inconsistencies in the Stormwater Pollution Prevention Plan and stormwater management proposals.  He added that he only briefly looked at the comments and could not comfortably recommend approval tonight.

M. Burns noted that he had researched the Transportation Improvement Plan (TIP) for the region and the Maple Avenue Realignment Project is listed, Project S157 for $1,015,000 and scheduled for construction 2009-2010.  It is a real project; there is funding behind it.  Upon speaking to Steve Feeney with Schenectady County Planning Department, M. Burns was told the county is waiting until site plan review approval, followed by the dedication of the right-of-way which the realignment is contingent upon.

Chairman Carr then opened the public hearing.

Mary Breslin, 11 Mohawk Avenue, stated she is opposing the development because of density, she does not feel that the drainage issue has been sufficiently addressed, flooding in her backyard and basement, open space issues, and how this development fits in with the town master plan.  She is concerned by increased traffic flow and the impact on the hamlet of Alplaus.  She asked if traffic studies have been done and is looking for assurance of the consideration of sidewalks.  She stated the intersection is dangerous and asked why the proposal went from a traffic light to a traffic circle and now back to a light.  She is concerned this is because of cost, not safety.

When asked, M. Burns said he does not believe a consensus has been reached about whether a traffic signal or a round-about will be used at this time.  There are drainage issues to be addressed, and an apartment building position at the corner of Maple Avenue and Alplaus Avenue may also have an impact on the decision.  His understanding is that it is still in preliminary design phase.

T. Andress said a traffic study has been completed and it indicates additional traffic will not change the level of service.  Based upon state standards, a traffic signal is still not warranted.


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

Kathleen Schnitzer, 8 Hill Street, said she appreciates the way of life in Alplaus.  She is concerned with the surface water at peak times at the intersection, (Maple and Alplaus Avenues), both existing and future.  

M. Carr explained stormwater management plans required by state DEC and engineering practices.  

Kathleen Sheppeck, 241 Alplaus Avenue, believes the Open Space Plan contradicts this project.  She feels the buildings in this project are not in keeping with the character of the hamlet.  She also is concerned with the demolition of the Alplaus school house.

T. Andress stated that through the master plan, the Town Board indicated there is a need for different alternative means of housing in the Town of Glenville.  He also stated studies show that townhouses create about half as much traffic as single family houses.

Discussion followed about the scale of buildings in the hamlet, the school buildings, and the proposed townhouses.

Judy Harris, 4 Hill Street, stated that she has been working for 20 years to have the intersection of Maple Avenue improved and is concerned with traffic issues.  M. Carr noted that Maple Avenue is a county highway, and he understands her frustration dealing with the traffic at this intersection.

Barb Casey, 12 Second Street, is also concerned about traffic issues.  

Keith Abbato, 235 Alplaus Avenue, stated he is not opposed to this project, but it must be done right.  He is concerned with flooding of the Alplaus Creek, and additional runoff impacting the condition.  When he asked, Mr. Abbato was told a third party engineering firm reviews the plans and this review is paid for by the applicant.  Mr. Abbato would like to see the road improvements done first, then the construction of the units.

Jill Bascom, an Alplaus resident, is concerned about the railroad tracks; which already cause backups and feels extra traffic generated by the development will make the situation worse.

Bob Winchester, 51 Hill Street, stated he is concerned about the character of this development blending in with the hamlet of Alplaus.  He thinks it will dominate the landscape.  He also wants to know what the road will be like before the project is approved.

S. Marsh stated that it is in the developer’s best interest, as well as the public’s and the Commission’s, to address recent changes by making the plans comprehensive.  

A discussion about how traffic studies are done followed.
Planning and Zoning Commission Meeting Minutes
April 14, 2008
Page 7

John Shakeshaft, 17 Mohawk Avenue, said this application is being rushed.  He feels Alplaus is unique in the Town of Glenville and the development will change that.

When the developer was asked if this would be a gated community, Mr. Myers answered no.  It was also established that when the traffic study was done, it did include new construction in Woodhaven/Glenview Pointe.

With no further comments from the public, the public hearing was closed by Chairman Carr.

M. Storti asked why private water (infrastructure) is proposed.  T. Andress said the Department of Public Works did not want to maintain the infrastructure because the road is private.  There will be a maintenance agreement to allow the hydrants to be maintained by the town.

M. Storti asked how the applicant envisions the link between the neighbors of Alplaus and the development.  T. Andress said that DOT may require sidewalks when the road improvement plan is completed.

M. Storti suggested tabling this application until next month to give the Commission time to review the comments submitted by Laberge.  S. Marsh noted some comments will not need to be addressed, for example, the lighting plan comments.

P. Huff noted that the traffic study is available for review by contacting the Planning Department.

The application was tabled until next month’s meeting.


5.      Nigro Companies                                        Site Plan Review
        303 Saratoga Road                                                              Amendments to previously-
                                                                                                      approved site plan
                                                                                                     (Public Hearing)
                                                                                        
The applicant is seeking an amendment to the previously-approved site plan.  The newest proposal calls for a stand-alone 2,703 sq. ft. bank, with drive-thru lanes, instead of the previously approved restaurant.  The proposed multi-tenant building is being reduced in size from 19,609 sq. ft. to 15,660 sq. ft.  

Steve Powers, Nigro Companies, and Steven Boisvert, were present to address the Commission.  

Mr. Powers explained that when the original site plan was approved, Nigro Companies fully expected to build a free-standing Panera Bread and retail building.  Nigro got “bopped in the head” by Panera Bread when they decided to pull out of this deal as well as ten others across

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

upstate New York.  He stated it had nothing to do with the Town of Glenville, for the record.  Nigro had torn the building down; the site is obviously a mess.  Nigro would like to re-tool this application and downsize a bit.

M. Carr read a letter from neighbors Rob and Kathy Laviolette regarding a fencing issue.  The letter is attached to these minutes and made part of the record.

S. Boisvert said this issue will be taken care of.

It was determined that an 8’ stockade fence, board-on-board would be installed on the southwest boundary.  The plan currently refers to an ornamental fence.

S. Marsh asked that a fence be placed at the Laviolette property as soon as possible, even if it were a temporary fence, as a show of good faith.

M. Storti asked about the recent changes.  S. Boisvert said the building has been moved 18’ closer to Route 50, increasing greenspace.  The driveway for the bank drive-thru has been realigned, eliminating the need for a variance.  The larger trees can now be saved.

M. Carr asked if Breugger’s Bagels would be interested in coming to Glenville and Mr. Powers answered that he has been asking them to come, but they are not interested.  The economy affects tenants.  Discussion followed on which building the bank would be willing to occupy, anchor tenants, and which building would be built first.  S. Powers said both buildings would be built at the same time.

M. Carr then opened the public hearing.

Kathy Laviolette stated that she did not want a temporary fence.

Rob Laviolette asked if the building would be enclosed and finished without a tenant; S. Boisvert said the building would be complete on the outside; areas without tenants would remain unfinished inside.

Bill Capron, 2 Bigwood Road, asked about a previous agreement of placement of fencing and shrubbery.  He also complained about dumpsters previously being emptied 4:30 a.m.  P. Borisenko said this is an on-going problem.  He asked that Mr. Capron call his office should this happen again.  S. Boisvert noted that the previous agreement will be met.

Deanne Harper, Sheffield Road, wants to keep informed about new tenants.  

Donna Murano, 19 Sheffield Road, is concerned about the traffic.  M. Carr stated there is no outlet from the site onto Sheffield Road; all traffic will use the signal light at Route 50.
Planning and Zoning Commission Meeting Minutes
April 14, 2008
Page 9

Deborah Capron, 2 Bigwood Road, asked S. Boisvert to indicate where the detention basins are located, and Mr. Boisvert did so.

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

M. Burns addressed lighting, which will become a condition in the motion.

M. Carr reiterated SEQR approval is in place from the previous site plan application; this change makes no impact on this determination.

MOTION

In the matter of the amended site plan review application by Nigro Companies for a multi-tenant commercial building located at 303 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of Approval:

1.  On the Laviolette property, 22.7-2-15, the fence to the south should be changed from ornamental to board-on-board on the site plan; 8’ high, with burning bush and spirea plantings to be planted and fencing completed by October 1, 2008.
2.  On the property to the west, owner Capron, 22.7-2-10.1, the fence can be off-set 10’ with shrubbery facing the homeowner.
3.  Lighting is to be directed onsite, not offsite.
4.  If the exposed dirt/berm remains, it should be hydroseeded for stabilization.  
5.  If construction has not commenced within 60 days, the site will be cleaned up; debris and rubble removed.
6.  This amended site plan is referenced as map CP102, rev. March 31, 2008.

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


6.   Eugene Riggi, Sr.                                                                  Conditional Use Permit -
63 Glenridge Road                                               Recommendation to the
                                                                        Zoning Board of Appeals                                                                          
                                                              
This proposal calls for the construction of a duplex on an existing parcel.  A conditional use permit for this project was granted in September, 2006, but it has expired, necessitating another review by the Zoning Board of Appeals.  The parcel is located on the north side of Glenridge
Planning and Zoning Commission Meeting Minutes
April 14, 2008
Page 10

Road, approximately 600 feet east of St. Anthony Lane.  The property is zoned Suburban Residential.

Eugene A. Riggi, Jr. was present.

M. Carr said there were no issues brought up at the agenda meeting regarding this application.

MOTION

In the matter of the conditional use permit application by Eugene Riggi, Sr., to construct a duplex at 63 Glenridge Road, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application.

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


7.   Beverwyck Development                                              Minor (2-lot) Subdivision
Swaggertown and Onderdonk Roads                         (Preliminary)
                                                                                                                                               
The applicant is seeking approval to subdivide a 26.4-acre parcel, owned by the Burnt Hills/Ballston Lake School District, into two lots consisting of 14.5 acres and 11.9 acres.  Public water is available at the site, with septic systems being proposed for the two lots.  The property is located east of Swaggertown Road and south of Onderdonk Road, and is zoned primarily Suburban Residential.  A portion of the property, in the southeast corner, is zoned Land Conservation due to the presence of a New York State regulated freshwater wetland.

Mike Tucker, Infinigy Engineering, represented the applicant.  He stated that the proposed two lots would share a driveway to limit wetland crossings.  The houses would be about 200’ apart.  There would be on-site septic systems; percolation tests have not been done yet.  The lots will be served by public water, potentially two separate services, depending on what the Department of Public Works decides.  The drive will be a private road.

P. Borisenko said a minor frontage variance is requested of the ZBA.  Permits allowing the driveway crossing the wetlands will be required before any building permits are issued.

MOTION

In the matter of the preliminary minor subdivision application by Beverwyck Development for a two-lot subdivision located at Swaggertown and Onderdonk Roads, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  
Planning and Zoning Commission Meeting Minutes
April 14, 2008
Page 11

The Commission hereby schedules a public hearing for May 12th, 2008 to consider the final minor subdivision application.

Conditions of preliminary subdivision approval are as follows:

1.      A letter from the county highway department is to be submitted for the curb-cut on Swaggertown Road.
2.      A definitive designation regarding the wetlands (state or federal) on the parcel is to be obtained.
3.      Percolation tests are to be done and witnessed by Dana Gilgore, Town of Glenville Engineering, or a representative of the county health department.
4.      Soil profiles are to be submitted.
5.      Securing necessary variances for frontage of the subdivision.


The commission hereby schedules a public hearing for May 12th to consider the final minor subdivision application.  However, in order for the Commission to schedule a public hearing for May 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:  S. Marsh
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


8.   Town of Glenville                                                     Zoning Text Amendments
                                                                        Recommendation to the
                                                                        Town Board
                                                                                                                                               
The Town of Glenville is proposing various zoning text amendments dealing primarily with the following topics:  1) the keeping of horses in Suburban Residential zoning districts on lots of 10 acres or greater; 2) expiration of site plan approvals; 3) revisions to the “home occupations” provisions; 4) revisions to the “accessory uses and structures” regulations 5) additions and revisions to the “definitions” portion of the ordinance.

MOTION

Per the discussion at the agenda meeting, the following recommendations/responses are made to the Town Board:


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

The Town of Glenville Planning and Zoning Commission 1) rejects the keeping of horses in Suburban Residential zoning districts on lots of 10 acres or greater; 2) rejects the expiration of site plan approvals and recommends the 2-year time frame remain in effect; 3) agrees to revisions to the “home occupations” provisions however, rejects the need to collect a fee; 4) approves of revisions to the “accessory uses and structures” regulations; and 5) approves of additions and revisions to the “definitions” portion of the ordinance.

Motion:  M. Carr        Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED



The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, May 12, 2008.  The agenda meeting will be held on Monday, May 5th.  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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