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May 11
Town of Glenville
Planning and Zoning Commission
Monday, May 11, 2009
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Mike Carr, Jim Gibney, Tom Bodden, Walt Pryne, Steve Marsh, and Cindy Gotobed

Excused:        Mark Storti

Also Attending: Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, Mark Quinn, Town Board Liaison, and Chris Flanders, Recording Secretary


1.      Approval of the agenda

Motion:  T. Bodden      Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


Approval of the minutes of the April 13, 2009 meeting

Motion:  J. Gibney      Seconded:  S. Marsh
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED



2.  Pat Popolizio                                                               Site Plan Review
    2 & 4 Freemans Bridge Road                                         Final (Public Hearing)

The applicant is seeking to construct a 1,200 sq. ft. extension of the roofline over the existing rear patio of the banquet facility on the Waters Edge Lighthouse Restaurant property.  This application also includes a proposal for a 300 sq. ft. “cabana bar” adjacent to the restaurant.  This property is zoned Riverfront Recreation/Commercial.  

Gil VanGuilder, VanGuilders Associates, was present to address the Commission.


3.   Michael Carusso                    Minor (3-lot) Subdivision
     Amsterdam Road & Alexander Avenue                                         Final

The applicant is proposing a minor subdivision that will result in the creation of three lots from the existing 2.4 +/- acre parent parcel.  The new lots will have public water and private on-site wastewater treatment systems.  Each lot is being targeted for a duplex.  The project site is located on the north side of Amsterdam Road, opposite Cramer Avenue, with rear frontage on Alexander Avenue.  The property is zoned Suburban Residential.

Brett Steenburgh represented the applicant.










Planning & Zoning Minutes
April 13, 2009
Page 3

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.

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

6.      The proposed use does provide for the adequate type and arrangement of trees, shrubs, and other landscaping elements, as they relate to visual and noise buffering of adjacent sites and the reduction of visual impacts from the street.

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

8.      The proposed use does retain existing trees and vegetation for aesthetic reasons, and minimize soil erosion and siltation and is noted on the site plan.

9.      The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.

Conditions of Approval:

None
Motion:  J. Gibney      Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

4.   Michael Carusso                                                            Minor (3-lot) Subdivision
     Amsterdam Road & Alexander Avenue                                         Final (Continued from
March, 2008)
                                                                               
The applicant is proposing a minor subdivision that will result in the creation of three lots from the existing 2.4 +/- acre parent parcel.  The new lots will have public water and private on-site wastewater treatment systems.  Each lot is being targeted for a duplex.  The project has been on hold while Phase I and Phase II environmental assessments were prepared to assess potential soil and groundwater contamination on the site.  The project site is located on the north side of Amsterdam Road, opposite Cramer Avenue, with rear frontage on Alexander Avenue.  The property is zoned Suburban Residential.

Brett Steenburgh represented the applicant.  He briefly reviewed the proposal.  He said the land disturbance would be approximately ¾ of an acre; therefore a SWPPP is not required.  He also said there are some survey issues with the rear property line.  His proposal is based on the certified survey prepared by Aizmuth Surveying at the request of the Church of North Hills and provided to the applicant.  That survey shows a 50’ wide right-of-way along the rear of the property which

Planning & Zoning Minutes
April 13, 2009
Page 6


widens at the cul-de-sac on Alexander Ave.  He suggested conditioning the approval upon the survey review to ensure the back line is accurate.  He added that the application would not be impacted negatively; lots would just be larger per tax maps.  

B. Steenburgh said the other issue was whether there is a second stormsewer on the property.  He stated he has been unable to locate it and if approval is granted, he suggested conditioning that approval upon review of the existing survey.  If a second stormsewer and outfall is located, he would amend the subdivision map.  An easement will be provided to the town for any outfalls and drainage paths.

B. Steenburgh said the delay in coming before the board was due to environmental reviews.  A Phase I review was done based upon historical use, which indicated a Phase II investigation should be done.  In the late 1980s and 1990s, the property was used as a construction and demolition landfill.  Previous owner, Mr. Anthony Cerrone, told Mr. Steenburgh the material buried there was construction demolition debris and he was permitted by NYS DEC to do so.  Materials included brick, glass, sheetrock, wood, stone, block, etc.  No cars were buried there.  There was a spill once; something was dumped illegally.  DEC was called, it was cleaned up, contained, removed, and the file was closed by DEC.  

B. Steenburgh said five test pits were dug, with samples taken at 12-15 feet deep.  The front of the property was not tested as it has minimal depth.  On Lot #2, semi-volatile organics were found, falling into the category of PAH’s.  They are benzene based organics which are generated during incomplete combustion of organic matter.  For example, organic matter includes fuel, coal, brush, and cooked meat.

M. Carr asked which standard was used for testing, the soil RCO or the protection of groundwater standards.  B. Steenburgh said RCO (Recommended Cleanup Objective) for soil testing was used.  M. Carr, referring to NYSDEC’s Technical and Administrative Guidance Memorandum #4046 (TAGM) stated that there may be issues with the results of testing.  For example, the allowable ppm of fluoranthene is 50, but testing shows 87 parts per million.  M. Carr asked if DEC is aware of this data, and B. Steenburgh said that DEC was not notified of this.  M. Carr strongly recommended that DEC be made aware of these findings immediately as this is a reportable condition.  M. Carr stated that he is not ready to move on this project until input is received from DEC.  He cannot allow building on property where potentially harmful compounds are present.  If after discussing these concentrations, the DEC issues a no further action decision, the Commission can move forward.  Mr. Steenburgh said he would contact DEC the next day.

J. Gibney returned to the issue of the rear lot line.  Who owns the property affects who would be responsible for maintenance of runoff from Alexander Avenue.  B. Steenburgh said the outfall location is actually on the applicant’s property; the inlet to the pipe is on town property.  He said he can’t find an existing easement over those pipes, but would provide one to Town of Glenville.


Planning & Zoning Minutes
April 13, 2009
Page 7

M. Carr said after DEC input, the Commission will be asking for an explanation regarding the long-term stability of the soil for building purposes.  This question is due to the nature of the items buried on the site.

B. Steenburgh made a commitment to contact DEC.  He also agreed to define the outfalls on the map, reviewing the number of outfalls (1 or 2).  Both parties agreed to continue this application at a later date.


5.  Pat Popolizio                                                               Site Plan Review
    2 & 4 Freemans Bridge Road                                         Preliminary

The applicant is seeking to construct a 1,200 sq. ft. extension of the roofline over the existing rear patio of the banquet facility on the Waters Edge Lighthouse Restaurant property.  This application also includes a proposal for a 300 sq. ft. “cabana bar” adjacent to the restaurant.  This property is zoned Riverfront Recreation/Commercial.  

Gil VanGuilder, Van Guilder Associates, represented Mr. Popolizio in this application.  G. VanGuilder briefly described the project.  He said the existing paver patio area next to the boat launch would be enlarged and on the northerly side of the banquet facility, the roof line of the structure would be extended 20’, parallel to the river, to cover the stone patio and a portion of the steps to the private boat ramp.  This is already an impervious area.

G. VanGuilder provided recent aerial photos showing the relationship of the lawn area to the boat launch.  He said Paul Borisenko determined a setback variance is required.  The applicant has made application to the Zoning Board of Appeals, and he is asking the Commission to consider moving ahead in the approval of this proposal conditioned upon the granting of the variance, as a public hearing will be held in the ZBA process.

P. Huff explained that a separate public hearing is required for site plan approval.

M. Carr noted there are no issues with the county.  

M. Carr asked if sinks and a disposal system would be required for the cabana bar and P. Popolizio said yes.  It would be connected to the municipal sewer; M. Carr asked that the connection be shown on map.

M. Carr asked if the applicant is aware that the cabana bar is within the flood plain and P. Popolizio acknowledged that he is aware of that information.  He added that the cabana bar will be on the same elevation as the pavilion.

S. Marsh asked if the roadway for boat trailers is at a lower level, and he was told yes.  Discussion followed regarding the launching of boats and it was determined the extension of the roof would not interfere because of the elevation of the slope.
Planning & Zoning Minutes
April 13, 2009
Page 8

S. Marsh thanked the applicant for working through the required process in this application.

MOTION

In the matter of the preliminary site plan review application by Pat Popolizio for construction of a 1,200 sq. ft. roofline extension and construction of a 300 sq. ft. cabana bar, located at 2-4 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.      A variance is granted by the Zoning Board of Appeals to allow the cabana bar in the front yard of the property (determined not to be a setback variance as earlier stated).
2.      Utilities for the cabana bar are to be shown on the site plan.
3.      The applicant acknowledges the cabana bar is located in the flood plain.

The Commission hereby schedules a public hearing for May 11, 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 May 11, 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:  J. Gibney      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, June 8, 2009.  The agenda meeting will be held on Monday, June 1, 2009.  With no further items on the agenda, the meeting was adjourned at 8:15 p.m.


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

(send approved minutes to J Edwards)

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