Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
April 12
Town of Glenville
Planning and Zoning Commission
Monday, April 12, 2010
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Jim Gibney, Steve Marsh, Joe Tassone, Mark Storti, Michael Carr, Tom Bodden and Cindy Gotobed


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

1.  Approval of the agenda
Motion: T. Bodden    Seconded:  J. Tassone
Vote:   Ayes: 7 Noes: 0 Absent: 0        
MOTION CARRIED

2.  Approval of the minutes of the March 8, 2010 meeting

Motion:  J. Gibney    Seconded:  S. Marsh
Vote:   Ayes: 7 Noes: 0 Absent: 0        
MOTION CARRIED


3.  Johnna Higgins                                                                  Minor (2-lot) Subdivision
    Johnson Road                                                               PZC Lead Agency

The proposed subdivision would create a 17.124 +/- acre parcel from the existing 100.35 +/- acre parent parcel. The proposed lot will be used as a residential building lot with private well and on-site waste water disposal system.  The property is located within a Rural Residential/Agricultural zoning district.

Johnna Higgins represented herself in this application.  M. Carr said all issues noted at the March meeting have been addressed by the applicant and a letter regarding no further subdivision within the next eighteen months has been received.

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

MOTION

In the matter of the final minor subdivision application by Johnna Higgins for a two–lot subdivision located on Johnson Road, the Planning and Zoning Commission hereby approves the application.  The Commission’s decision is based upon the following findings:

Planning and Zoning Meeting Minutes
April 12, 2010
Page 2

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.
·       The lots’ and street(s)’ relationship to the topography of the site.
·       Adequacy and arrangement of water supply, sewage disposal and drainage.
·       Accommodation for future development of adjoining lands as yet unsubdivided.

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 $1,000.00.

Motion:  M. Storti    Seconded:  T. Bodden
Vote:   Ayes: 7 Noes: 0 Absent: 0        
MOTION CARRIED


B. Shirley L. Glindmyer                                                                     Minor (2-lot) Subdivision
    Swaggertown Road                                                   PZC Lead Agency

This proposal will re-subdivide a 0.81 +/- acre parcel, containing an existing single-family home and improvements, from the 51.8 +/- acre parent parcel. The property is located within a Suburban Residential & Rural Residential/Agricultural zoning district.

Shirley Glindmyer was present to address the Commission.  

T. Bodden asked what re-subdivision is and it was explained that the property was subdivided at one time, subsequently combined into one lot, and now is being re-subdivided to restore the original boundaries of 1996.

M. Carr stated that the Commission has no issues with this application and that Ms. Glindmyer has provided a letter of intent regarding no further subdivision of this property in the next eighteen month time period.

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

S. Marsh asked if a provision exists to waive the recreation fee for re-subdivision.  There is no such provision.  Ms. Glindmyer said she does not think a fee was paid in 1969.
Planning and Zoning Meeting Minutes
April 12, 2010
Page 3

MOTION

In the matter of the final minor subdivision application by Shirley Glindmyer for a two-lot subdivision located at Swaggertown 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.
·       The lots’ and street(s)’ relationship to the topography of the site.
·       Adequacy and arrangement of water supply, sewage disposal and drainage.

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 $1,000.00.

Motion:  M. Storti    Seconded:  J. Tassone
Vote:   Ayes: 7 Noes: 0 Absent: 0        
MOTION CARRIED


4.  Key Bank                                                            Site Plan Review
241 Saratoga Road                                                                     (Preliminary – continued
from February)  

Key Bank is seeking site plan approval for a new bank.  The property is located on the west side of Route 50, between McDonald’s and Sunoco, on the site of the previous McDonald’s restaurant.  The property is zoned General Business and is located within the Town Center Overlay District.

Erin Aiello, of Woodward Connor Gillies & Seleman Architects, was present to address the Commission.  

Commission member Steven Marsh recused himself from this application as he and his employer provided the lighting plan for this project.

E. Aiello stated that comments from the February Planning and Zoning Commission meeting regarding stormwater management, grading and landscaping are addressed in the latest
Planning and Zoning Meeting Minutes
April 12, 2010
Page 4

submission, and she would like to review points made by the Department of Transportation in their comment letter of  March 31st to Wendy Cimino, Creighton Manning Engineering.

Comment 1 re: entrance design.  DOT will consider an exception to permit two driveways if supported by the town; she stated with three drive-thru lanes and parking in the back, two driveways are really required.

Comment 2 re: the geometry of the proposed access drive does not comply with DOT standards; this has been revised further to fit on site in accordance to the standards.

Comment 3 re: the provision of two lanes on the exit drive is not warranted; the traffic from the three drive-thru lanes transition to one exit lane has been revised, and regarding the elimination of one of those lanes, three lanes are required by Key Bank and cannot be reduced.

Comment 4 re: the status of a potential connection to Van Buren Road; Key Bank is not interested in connecting to Van Buren Road at this time.

Comment 5 re: sidewalks to tie into existing and planned sidewalks to the north and south; her firm will continue to work with the town to connect the pedestrian walkways.

M. Carr stated the sidewalks are shown on the site plan but do not align with Sunoco sidewalks.  P. Huff said there is an escrowed account for sidewalks in front of the McDonald’s site.

M. Carr said other issues discussed at the agenda meeting are:

Ø       The Stockade fencing in the rear of the property is in disrepair. (K. Corcoran stated the height of the fence can be eight feet in that location.)
Ø       Need 30’ on-center for the salt resistant street trees, and the caliper, 2 ½”, and shown on map.
Ø       Lighting plan should meet the requirements of the Town Center Master Plan. (Sternberg lighting with shielding is required for the front of the building; regulations for ATM lighting is acknowledged.)
Ø       Variance will be required for the dumpster enclosure. (The dumpster is in a buffer area and could be moved to another location.)  Variances for side setbacks of the internal drives will also be required.
Ø       Is Key Bank willing to drop a drive-thru lane and to pursue the connection to Van Buren Road?  (Per E. Aiello’s previous statement, the answer is no.)
Ø       Where will the snow removal area be located? (This will be in the rear 40’ transitional buffer area.)

Discussion followed about sign variances also being required, but P. Borisenko said this issue would be dealt with separately with the sign vendor.




Planning and Zoning Meeting Minutes
April 12, 2010
Page 5

MOTION

In the matter of the preliminary site plan review application by Key Bank, for a branch bank located at 241 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:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 0        Abstention:  1 (S. Marsh)
MOTION CARRIED

MOTION

In the matter of the preliminary site plan review application by Key Bank for a branch bank located at 241 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.      The sidewalk must align with the existing northern sidewalk and to facilitate the alignment with future sidewalks to the south
2.      Stockade fence at rear is to be shown on the map and is to be eight feet in height
3.      Street trees are to be 30’ on center, salt resistant, and a minimum of  2 ½” caliper
4.      Regarding the lighting plan, two Sternberg fixtures with shielding are to be installed along the front of the building; the town acknowledges Key Bank must comply with specific requirements for ATM lighting
5.      Variances will be required for the dumpster location (or move it to another location) and the internal drives
6.      Signage should conform to the Town Center Master Plan; variances may be needed; a sign vendor will be working with the Building Department
7.       All required variances, except sign variances, must be granted by the Zoning Board of Appeals before a public hearing is held.

The Commission hereby schedules a public hearing for May 10th 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 10th, 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:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 0        Abstention:  1 (S. Marsh)
MOTION CARRIED




Planning and Zoning Meeting Minutes
April 12, 2010
Page 6

5.  Peter Della Ratta                                                   Site Plan Review
    66 Freemans Bridge Road                                    (Preliminary) and
                                                                        Conditional Use Permit

The applicant is requesting site plan approval and a conditional use permit to establish a contractor’s yard (Simon’s Rock Historic Restoration) in an existing pole barn.  The project site

is located on the east side of Freemans Bridge Road, on the Van Curler Greenhouses property.  The portion of the property on which the pole barn is located is zoned Research/Development/Technology.  

As no one was present to answer questions about this application, it is tabled until next month’s meeting.

Motion:  J. Tassone    Seconded:  T. Bodden
Vote:   Ayes: 7 Noes: 0 Absent: 0        
MOTION CARRIED


With no further items on the agenda, the meeting was adjourned at 7:40 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, May 10, 2010.  The agenda meeting will be held on Monday, May 3, 2010.  





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

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