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PZC Minutes 7-13-2015
Town of Glenville
Planning and Zoning Commission
Monday, July 13, 2015
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302             

Present:        Mike Carr, Jim Gibney, Pat Ragucci, Tom Bodden, and Tim Yosenick,

Excused:        K. Semon

Also Attending: Paul Borisenko, Building Inspector, Peg Huff, Town Attorney, Kevin Corcoran, Town Planner, and Chris Flanders, Recording Secretary

  • Approval of the Agenda
Motion:  P. Ragucci     Seconded:  T. Yosenick
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

  Approval of the minutes of the June 8, 2015 meeting

Motion:  J. Gibney     Seconded:  T. Yosenick
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED


2.  Holly Marine                                        Site Plan Review (Public Hearing)
    6 Sarnowski Drive                          Combined Preliminary and Final

Holly Marine is seeking approval for its relocation from 4 Freemans Bridge Road to 6 Sarnowski Drive.  Holly Marine would occupy ½ of the space in the larger storage building for shop use, all of the smaller concrete block building for retail boat accessory sales, and a portion of the outdoor space for boat storage.

Louis Venditti, owner of 6 Sarnowski Drive, and Jim Friello, Holly Marine, addressed the Commission regarding this application.

Mr. Friello said he is relocating due to the proposed construction of a hotel on the property he is currently leasing.

When asked what type of work he does on boats, Mr. Friello stated he services them, winterizes them, and does detailing and waxing.  He does not do engine work.  Any chemicals he uses for cleaning are biodegradable.

Mr. Venditti stated the site is on public water and sewers, and there are no floor drains in the building.

T. Bodden asked about any storage of boats.  Mr. Friello said boats would be stored outside, in the rear of the building.  A few boats may be in front of the building that are for sale.
Planning and Zoning Commission Minutes
July 13, 2015
Page 2

Regarding trash pickup, Mr. Friello said he has a dumpster for shrink wrap, boxes, and crates.  There is not a lot of waste created; this is a clean operation.

Mr. Venditti confirmed he was the landlord of this property, and agreed to remove debris and vehicles that have been stored on the premises.

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

MOTION

In the matter of the site plan application by Holly Marine for retail boat accessory sales/installation, and a portion of outdoor space for boat storage, located at 6 Sarnowski Drive, 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. Carr     Seconded:  P. Ragucci
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

MOTION

In the matter of the combined and final site plan review application by Holly Marine for retail boat accessory sales/installation, and a portion of outdoor space for boat storage, located at 6 Sarnowski Drive, 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.

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

Planning and Zoning Commission Minutes
July 13, 2015
Page 3

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 will allow for adequate on-site snow plowing and snow storage.

9.      The proposed use does demonstrate adequacy and durability of structures, roadways, utilities, and landscaping in areas with moderate to high susceptibility to flooding, ponding, and/or erosion.

10.     The proposed use does retain existing trees and vegetation for aesthetic reasons, and minimize soil erosion and siltation.

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

12.     The proposed use does provide suitable open space for buffering and/or recreation purposes.

Conditions of Approval:

  • It is agreed and understood all debris and vehicles stored on the premises are to be removed.
Motion:  M. Carr     Seconded:  T. Yosenick
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED


3.  Michael Cellini                                     Site Plan Review (Preliminary)
    2575 Johnson Road and Weatherwax Road      and Conditional Use Permit  
                                                                        
This proposal calls for the establishment of a seasonal zip line adventure course on a 46.4-acre parcel.  Approximately three acres of wooded area is being earmarked for the course itself.  The proposal includes a parking lot for 30 cars, a 10’ x 20’ welcoming shed near the parking lot, a 10’ x 20’ seasonal tent and two seasonal portable toilets.  The property is zoned Rural Residential and Agricultural.    

Kurt Bedore, KB Engineering, addressed the Commission on behalf of Mr. Cellini.  He briefly described the proposal.  He stated the course would be built over an intermittent tributary which is a Class C stream.  Portable toilets will be available.  The hours of operation, April through September, 8:30 – 5:00 pm, weekends, 8:30 – 6:00 pm, and reduced hours in early spring and fall.  Weatherwax Road is an unimproved road.  Mr. Cellini has provided noise and traffic studies and they indicate no adverse impact to the neighboring properties.  As the
Planning and Zoning Commission Minutes
July 13, 2015
Page 4

disturbance of the property is less than ½ acre, no stormwater management plan is required, however, erosion control measures will be in place.  Minimum tree removal or trimming will maintain as natural setting as possible.  A dumpster, able to contain 2 to 3 cubic yards of waste, will be screened from the road by existing natural vegetation.

Chairman Carr noted that the Zoning Board of Appeals voted 4-1 that this use is a recreational use allowed in this zone.  He further stated that with the changes made to the plan, the Commission has no other significant issues.

MOTION


Town of Glenville Planning & Zoning Commission
Site Plan Review and Conditional Use Permit Application
Mountain Ridge Adventure Zip Line Course
                        Resolution Issuing a SEQR Negative Declaration  


Moved by:  M. Carr
Seconded by:  T. Bodden

         Whereas, a site plan review and a conditional use permit application have been submitted by Michael Cellini to establish a zip line adventure course (“Mountain Ridge Adventure”) on the applicant’s property located at 2575 Johnson Road and Weatherwax Road (Tax Map # 7.-1-11) in the Town of Glenville; and

        Whereas, the Town of Glenville Planning & Zoning Commission, pursuant to 6 NYCRR Part 617 (State Environmental Quality Review Act {SEQRA}), has assumed SEQRA Lead Agency for review of this unlisted action; and

        Whereas, in making its determination of environmental significance for this project, the Planning and Zoning Commission considered Parts 1 and 2 of the Full Environmental Assessment Form; the various documents, maps, site plan, and supporting information that comprise the Mountain Ridge Adventure site plan review application; and the criteria for determining significance set forth in 6 NYCRR (617.7e);  
        
        Now, therefore, be it resolved, that the Town of Glenville Planning and Zoning Commission hereby determines that the Mountain Ridge Adventure project will not result in a significant adverse environmental impact; and

        Be it further resolved, that the Town of Glenville Planning and Zoning Commission hereby issues a SEQRA “Negative Declaration” (attached) for this project, based on the following findings:


Construction Impacts

Planning and Zoning Commission Minutes
July 13, 2015
Page 5

Construction of this project is not expected to result in any significant adverse environmental impacts.  The adventure course itself covers just under an acre of land area, and it includes use of the existing forest, with only minimal removal of trees and understory vegetation.  This kind of land use is dependent on a treed setting, which by its nature minimizes impacts to the land.

The only notable area of land disturbance will be the 30-car gravel parking lot (reduced from the original proposal for 60 cars) that comprises less than ½ acre of land.  Further, use of a gravel surface complements the existing gravel surface of Weatherwax Road, and it reduces storm water runoff.  

It is acknowledged that bedrock on the project site is within five feet of the ground surface in certain locations, including the parking lot.  Given that the area to be used for parking is largely level in its current state, the presence of bedrock close to the surface will not result in any impacts beyond what is normally expected when establishing a gravel parking lot on relatively flat terrain.  Further, the use of a gravel surface helps reduce runoff to adjacent areas that may not drain well due to the proximity of bedrock to the surface of the ground.   

In total, the “footprint” of the adventure course will consist of less than two acres of the 46+ acre property, with less than ½ acre of actual clearing to occur.  
        

Impact on Geological Features
There are no known important or unique geological features on the project site; or at least none that will be disturbed by establishment of the adventure course.  


Impacts on Surface Water

Per the wetland assessment that was prepared for this proposal, the project will not disturb any state or federal wetlands.  There is a federal wetland located on the property, to the east and south of the proposed parking lot.  However, neither the parking lot nor the area to be graded and cleared for the parking lot will impact the wetland.  It is also noted that a silt fence will be installed to prevent silt and debris from entering the wetland from the parking lot.  

A small stream known as the Verf Kill, a Class “C” stream, traverses the project site.  The adventure course itself essentially straddles the ravine created by the Verf Kill, in order to take advantage of the relief in the terrain, adding interest to the adventure course.  The Verf Kill will not be disturbed by the adventure course itself, as there won’t be any paving or construction of buildings, and only very minimal tree/vegetation removal in the vicinity of the stream.  

The parking lot also will not disturb the Verf Kill.  At its nearest point, the parking lot will be located at least 130 feet from the Verf Kill, where the Verf Kill is piped under Weatherwax Road.


Impacts on Groundwater

The project will not have any significant adverse impacts on the quality or quantity of groundwater resources in the area.  The only area of land disturbance is the ½ acre gravel parking lot.  The nearest residential well to the parking lot is located approximately 500 feet from the parking lot to the east/northeast, at approximately the same elevation as the parking lot, and on the other side of the federal wetland that lies to the east of the proposed parking lot.  
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July 13, 2015
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Given the wooded setting of the area, the small size of the parking lot, the fact that the parking lot will have a gravel surface, and the low density of homes in this area, the minimal amount of runoff from the parking lot will be limited to the immediate vicinity of the parking lot and will not impact any residential wells.    


Flooding Impacts

There are no floodplains within the vicinity of the project site.  Further, this project has a minimal footprint and will not generate a significant amount of runoff.  


Impacts on Air

The Mountain Ridge Adventure course will not result in any significant adverse air quality impacts.  Occasional dust from cars entering and exiting the parking lot and traveling along the upper end of Weatherwax Road are expected to be localized, with the wooded setting acting as a buffer on those occasions when dust may be generated.  


Impacts on Plants and Animals

The disturbance of ½ acre of a 46-acre site is not expected to significantly impact existing flora or fauna.  There are no known endangered plant or animal species on the project site, nor are there any significant habitats in the area.  The adventure course itself takes advantage of the existing mature trees, resulting in a minimal footprint.


Impacts on Agricultural Resources

There are no agricultural practices or resources on or adjacent to the project site.  Consequently, there will be no impact on agricultural resources as a result of the zip line adventure course.  


Impacts on Aesthetic Resources

While the west Glenville hills are generally viewed as scenic, the project site itself does not contain any known aesthetic resources.  Further, the somewhat secluded location of the proposed zip line adventure course, as well as the parking lot, will greatly minimize any potential visual impacts that could occur along public roads.      

Impacts on Historic and Archeological Resources

Much of west Glenville is considered archeologically sensitive given the long ago presence and influence of Native Americans and prehistoric peoples within the Mohawk Valley and surrounding area.  However, there are no known archeological or historic resources on or adjacent to the project site.


Impacts on Open Space and Recreation

The project site and surrounding area does not harbor any notable open space or recreational resources.  There will be no loss of recreation or open space, outside of the ½ acre parking
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July 13, 2015
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lot, as a result of this project.  This project will, in fact, introduce an outdoor recreation facility to the west Glenville area.


Impacts on Critical Environmental Areas

No critical environmental areas have been designated on or near the project site, and consequently, there will be no impact on any critical environmental area.  


Traffic/Transportation Impacts

Traffic counts on Johnson Road, approximately 200 feet north of Weatherwax Road, were taken in early May, 2015 by the Town’s Traffic Engineering Technician.  These counts confirmed a very low traffic volume (averaging 104 vehicles per day), as would be expected on a rural Glenville road.  

One can reasonably assume that existing traffic counts are higher the further south one travels on Johnson Road, since most of the traffic traveling along Johnson Road is fed from or accesses NYS Route 5 at the southern terminus of Johnson Road, as opposed to the northern terminus of Johnson Road at West Glenville Road, which exhibits far lower traffic counts than NYS Route 5.  Regardless, even if existing volumes are doubled along the southern reaches of Johnson Road, this is still a low volume rural road.

A conservative/optimistic traffic projection for the project, as estimated by the applicant, puts the traffic volumes generated by the adventure course at approximately 90 trips per day (45 arrivals and 45 departures) during peak operation.  This represents nearly double the existing traffic volumes on Johnson Road north of Weatherwax Road.  The applicant’s traffic study projects that 42% of those trips (38) would travel north on Johnson Road and 58% (52) would travel south.

To put these numbers into context, a common threshold for defining a low traffic volume local road is 400 vehicles per day.  This is the standard defined by the Cornell Local Roads Program in New York State, as well as the standard in many other states.  Further, there are generally accepted thresholds for what constitutes a residential road or street.  Some sources note that once a road begins to carry more than one car per minute (i.e. 1,440+ vehicles per day) it starts to lose

its character or “feel” as a local residential road, and instead takes on the role of a collector road.  Other sources up this threshold to 2 cars per minute, or 2,880 cars/day.  

Applying the Cornell Local Roads Program standard of 400 cars or less per day for a low traffic volume road, the Mountain Ridge Adventure project is not going to appreciably change the character of Johnson Road as defined by its traffic volumes, even at times when the adventure course is approaching maximum capacity use.  Johnson Road will still function as a low traffic volume road and it will not lose its “feel” as a local/residential road.  

With Johnson Road being a rural Town road, there are no existing or proposed pedestrian facilities along the road, nor is there transit service.  Consequently, the project will not impact pedestrian or transit facilities.  Furthermore, given the rural location and anticipated relatively low traffic volumes to be generated by the project, neither transit nor pedestrian improvements are warranted.


Planning and Zoning Commission Minutes
July 13, 2015
Page 8

Impacts on Energy

The proposed adventure course is a low impact land use that will not place a demand on energy resources, outside of the fuel required for motorists to travel to and from the site.  


Noise Impacts

Given the rural setting of the project site, ambient noise levels are low.  This was verified when staff of the Town of Glenville Economic Development and Planning Department took noise meter readings on May 28 and 29, 2015 at three locations; 1) Intersection of Johnson Road and Weatherwax Road  2) At the point where the applicant’s driveway meets Weatherwax Road  3) On Weatherwax Road adjacent to the proposed parking lot.  The noise levels were consistent for all three locations, revealing dB(A) readings ranging from below 50 to the mid 50s, which is akin to normal conversation levels and a bit lower.  Occasional wind gusts on May 28th gave false readings above 60 dB(A).  One passing pick-up truck on Johnson Road on the 28th gave a peak reading of 69 dB(A) while taking measurements at the intersection of Johnson Road and Weatherwax Road.    

In recognition that the proposed use would introduce vehicles and people on a seasonal basis to an area unaccustomed to even suburban setting noise levels, the applicant submitted a noise study that predicts a noise level of 52.6 decibels at the property line.  This falls into the range of the existing ambient noise levels measured at the project site, and well below the 75 dB(A) that the Glenville Zoning Ordinance proscribes as the maximum acceptable noise level at the property line.
 
Further, the applicant submitted a noise mitigation plan in the unlikely event that it be determined that noise levels are consistently exceeding the 75 dB(A) limit at the property line after the facility opens.  If this does occur, selective plantings of rows of Norway Spruce, Douglas Fir, or other suitable evergreens will be done in the areas where such additional buffering is needed.

Impacts on Human Health 

The proposed adventure course is a low impact-type land use that will not generate pollutants or waste products that will in any way endanger human health.  The project will generate relatively low levels of solid waste, which will be stored in either a dumpster or garbage cans and will be taken away on a weekly basis via a local waste hauler.  Two on-site portable bathrooms will also serve the project, and the applicant will contract for waste removal once or twice a week, depending on usage, which can’t be determined until the adventure course begins operation.  


Consistency with Community Plans

The Town of Glenville Comprehensive Plan (1990), doesn’t speak in great length to recreational uses in the Town, other than in a very broad sense.  The Town is presently preparing a new Comprehensive Plan to replace the current 25 year-old document.  

The Land Use Plan of the 1990 Comprehensive Plan, as well as the current Town Zoning Ordinance, categorizes the project site and surrounding area as “rural residential.”  The Comprehensive Plan doesn’t speak to recreational uses within Rural Residential areas, but the zoning ordinance does authorize recreation facilities by site plan review and conditional use

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July 13, 2015
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permit within the Rural Residential and Agricultural (RA) Zoning District.  Further, the purpose of the RA zone is stated as follows:

        “Purpose:  to maintain low-density residential and agricultural development in areas
        that are considered rural, and to accommodate outdoor recreation facilities and other
        land uses which are dependent on a rural setting.”  

An outdoor zip line adventure course is certainly an “outdoor recreation facility,” and it is also a land use that is “dependent on a rural setting.”  In this regard, the Mountain Ridge Adventure project is consistent with the stated purpose and intended land uses of the Town’s RA zoning district.  

While it is acknowledged that this project is different from the current surrounding land use pattern, there aren’t a great many of these types of businesses in operation, so wherever they do locate, they will very likely differ from the existing land use pattern.  This is true of most outdoor recreation uses, including golf courses, driving ranges, swim clubs, hunting clubs, alpine and cross-country ski areas, etc.  The Town contemplated and provided for these uses within the RA district.

And in recognition that these uses are typically unique to the areas in which they locate, the Town proscribed that these uses must seek and obtain both site plan approval and a conditional use permit before beginning operation.       
        

Consistency with Community Character

As discussed in the “Consistency with Community Plans” section previously, the proposed project is undoubtedly different from the surrounding land uses, which are predominantly rural residential.  However, the Town has provided for recreational and outdoor recreation uses in rural areas, in recognition that many land uses are best-suited for, and in fact dependent upon, a rural setting.

No permanent buildings will be erected in association with the project, and the adventure course itself utilizes the existing terrain and forest, with only minimal disturbance associated with removal of a limited number of trees and branches.  It can be argued that an adventure course that occupies a one-acre wooded tract of land has less of an environmental impact than does a rural residence with its attendant clearing of trees, installation of a septic system, installation of a well, provision of electricity to the home, use of fertilizers and weed killers, etc.   

The establishment of a gravel surface ½ acre parking area for users of the adventure course could contrast with the character of the area, however the proposed parking lot is isolated and buffered on all sides by trees and vegetation, and is situated off an existing dead-end gravel road that services only two homes.  And customers of the adventure course will only pass by one house on Weatherwax Road when going to and from the parking lot; the applicant’s home.  The second home is situated off the dead-end portion of the road, approximately 1,100 feet south of the proposed parking lot.  The parking lot will also be located no closer than 500 feet from the nearest residence.  Further, the area to be cleared for the parking area is smaller than the area that is typically cleared for a rural residence.   

Ayes:  Five
Noes:  None
Absents:  One
Planning and Zoning Commission Minutes
July 13, 2015
Page 10

Abstentions:  None

Motion Carried
July 13, 2015
K Bedore clarified that the zoning designation is Rural Residential and Agricultural.

MOTION

Town of Glenville Planning & Zoning Commission
Mountain Ridge Adventure Zip Line Course
Preliminary Site Plan Approval


Moved by:  M. Carr
Seconded by:  P. Ragucci

         Whereas, a site plan review and a conditional use permit application have been submitted by Michael Cellini to establish a zip line adventure course (“Mountain Ridge

Adventure”) on the applicant’s property located at 2575 Johnson Road and Weatherwax Road (Tax Map # 7.-1-11) in the Town of Glenville; and

        Whereas, the Town of Glenville Planning & Zoning Commission (PZC), as lead agency pursuant to 6 NYCRR Part 617 (State Environmental Quality Review Act {SEQRA}), has issued a “Negative Declaration” for this action; and

        Whereas, in evaluating the preliminary site plan review application submitted for the Mountain Ridge Adventure project, the PZC has reviewed the following information submitted for this application: 1) Site Plan Review (for new structures) application form  2) Conditional Use Permit application form  3) “Mountain Ridge Adventure Treetop Obstacle Course Master Plan”  4) Full Environmental Assessment Form  5) “Mountain Ridge Adventure Business Brief”  6) “Zoning Coordination Referral” from the Schenectady County Department of Economic Development and Planning  7) Noise Study for the Heavenly Mountain Resort Epic Discovery Project  8) Wetland Assessment by Copeland Environmental, LLC  9) “Mountain Ridge Adventure Traffic Study and Parking Lot Design”  10) Correspondence from the West Glenville Fire Department, NYSDEC Region IV, and the Schenectady County Department of Environmental Health; and

        Whereas, the PZC has also taken into account deliberations held during the Commission’s review of the preliminary site plan review application held at public meetings held on March 9, 2015, May 11, 2015 and June 8, 2015, as well as input received by staff of the Town’s Building, Planning and Engineering Departments, and correspondence received from the public;
        
        Now, therefore, be it resolved, that the Town of Glenville Planning and Zoning Commission hereby issues preliminary site plan approval for the Mountain Ridge Adventure project; and
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July 13, 2015
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        Be it further resolved, in support of its decision, the Town of Glenville Planning and Zoning Commission finds the following relative to “Review factors” for site plan review, pursuant to Section 270-107 of the Code of the Town of Glenville:

  • The preliminary site plan for the Mountain Ridge Adventure course is in conformance with all other applicable provisions of the Town of Glenville Zoning Ordinance, including, but not limited to, off-street parking requirements, setbacks, erosion control measures, and the purpose of the “Rural Residential and Agricultural Zoning District,” which reads as follows: “To maintain low density residential and agricultural development in areas that are considered rural, and to accommodate outdoor recreation facilities and other land uses which are dependent on a rural setting.”
The site plan demonstrates adequate arrangement of vehicular access and circulation, noting that access and a gravel parking lot will be provided from/off Weatherwax Road, a gravel Town road off of Johnson Road, a rural County Road with low traffic volumes.  Existing low traffic volumes on Johnson Road allows for an abundance of excess capacity for expected users of the adventure course without concern for an appreciable degradation of the level-of-service on Johnson Road.  Schenectady County has requested, however, paving of the apron where Weatherwax Road meets Johnson Road, the cost and responsibility for which must be determined.  
Adequate provisions will be provided for pedestrians/users of the facility, via a path through the woods from the parking lot to the adventure course.  Aside from the necessary pedestrian connection between the parking lot and the adventure course, the rural location of the property negates the need for any pedestrian or bicyclist accommodations or safety improvements.
The location and setting of the proposed parking lot are suitable for the adventure course.  The parking lot will be located in an area that is screened and buffered by natural vegetation from nearby residences (nearest is 500+ feet from the proposed parking lot) and from motorists on Johnson Road.  
There are no proposed buildings or lighting for the adventure course.  The only structures will be temporary/seasonal, consisting of two small sheds, a tent, and two portable bathrooms.  The location and design of proposed signs have yet to be determined, but the applicant will comply with the sign design standards of the Town of Glenville Zoning Ordinance.
The need for landscaping elements for this proposal are minimal, because the adventure course itself is to be built within the trees, with minimal disturbance or removal of vegetation.  The proposed parking lot will be screened via natural vegetation that surrounds the parking lot.  Furthermore, the forested setting of the adventure course and parking lot, coupled with the very low density of housing in this area will minimize noise impacts, with the anticipated noise levels at the property line (53 dB(A)) being comparable to the ambient noise levels, which registered from 50 dB(A) to the mid-50s.     
Stormwater management needs will be minimal, as this proposal falls under the one-acre minimum disturbance threshold for compliance with the MS-4 storm water regulations.  Further, the surface of the proposed parking lot will be gravel, which will generate less runoff than would asphalt.  A siltation fence will be installed to the east of the parking lot to protect a federal wetland from any potential intrusion of silt as a result of parking lot construction.  
With the adventure course being a late spring/summer/early fall facility, snow plowing and snow storage will not be necessary for the proposed adventure course.  
The heavily wooded project setting and relatively small footprint of the adventure course will not exacerbate any areas known to be highly susceptible to flooding, ponding, or erosion.
  • The proposed adventure course will retain existing trees and vegetation, with the exception of the removal of a select number of trees and vegetation to allow access to
Planning and Zoning Commission Minutes
July 13, 2015
Page 12

the various stations of the course.  The low impact of the course, combined with a small impact area for the parking lot will serve to minimize erosion and siltation.  
  • The low density of existing housing and the rural, wooded setting of the adventure course, will largely screen the project from adjacent properties relative to noise, glare, light pollution, litter and unsightliness.  The proposal is designed to complement a forested setting, thus by its nature, any objectionable features associated with the proposal will be minimal and localized to the project site.
  • The project will retain a very high percentage of open space, with the area for the course being dedicated to an outdoor recreation use.  The only loss of open space will be the ½ acre area dedicated to the parking lot on this 46+ acre property; and
        Be it further resolved, that conditions of preliminary site plan approval are as follows:
  • The applicant must receive Conditional Use Permit approval from the Zoning Board of Appeals and subsequently appear before the Planning and Zoning Commission for final site plan approval, and;
        Be it further resolved, that the PZC hereby schedules a public hearing for consideration of the final site plan review application for the Mountain Ridge Adventure project on Monday, August 10, 2015 at 7:00 p.m., provided the Town of Glenville Zoning Board of Appeals issues approval for the conditional use permit application for this project on July 27, 2015, and provided nine copies of the revised site plan (if necessary) have been submitted to the Town of Glenville Economic Development and Planning Department by 4:00 p.m. on July 27, 2015, with said plan having been determined complete and adequate by Economic Development and Planning staff.

Ayes:  Five
Noes:  None
Absents:  One
Abstentions:  None

Motion Carried
July 13, 2015

MOTION

Town of Glenville Planning & Zoning Commission
Mountain Ridge Adventure Zip Line Course
Recommendation to the ZBA on the Conditional Use Permit Application


Moved by:  M. Carr
Seconded by:  T. Yosenick

         Whereas, a site plan review and a conditional use permit application have been submitted by Michael Cellini to establish a zip line adventure course (“Mountain Ridge Adventure”) on the applicant’s property located at 2575 Johnson Road and Weatherwax Road (Tax Map # 7.-1-11) in the Town of Glenville; and

Planning and Zoning Commission Minutes
July 13, 2015
Page 13

        Whereas, the Planning and Zoning Commission (PZC) has issued preliminary site plan approval for the Mountain Ridge Adventure project; and

        Whereas, pursuant to Section 270-122C of the Code of the Town of Glenville, the (PZC) acts in an advisory capacity to the Glenville Zoning Board of Appeals (ZBA) on conditional use permit applications and is obligated to make a written recommendation to the ZBA on all conditional use permit applications;
        
        Now, therefore, be it resolved, that the Town of Glenville Planning and Zoning Commission hereby recommends that the ZBA approve the conditional use permit application for the Mountain Ridge Adventure project and bases its recommendation on the following findings:

  • The Mountain Ridge Adventure proposal conforms with the applicable provisions of the Town of Glenville Zoning Ordinance, most notably complying with the purpose of the “Rural Residential and Agricultural Zoning District,” which reads as follows: “To maintain low density residential and agricultural development in areas that are considered rural, and to accommodate outdoor recreation facilities and other land uses which are dependent on a rural setting.
The proposal does not include any permanent structures, with the exception of a 30-car gravel parking lot on less than ½ acre of land on the 46+acre property.  The adventure course itself is “built” into the trees themselves in an area of approximately one acre in size.  The result is a relatively low impact use of land that does not result in the construction or design of any buildings or structures that significantly contrasts with the rural setting of the project site.  
  • The full footprint or operational area of the project is just under two acres, with only ½ acre of the 46-acre property being significantly altered (for the parking lot).     The small impact area of the project and the relatively isolated location of both the parking area and adventure course greatly minimizes any would-be visual or noise impacts on nearby residents.  Relative to noise, ambient noise readings taken by staff of the Town’s Economic Development and Planning Department on May 28th and 29th and the noise analysis provided by the applicant demonstrate that noise impacts will be minimal.  In fact, noise levels at the property line are expected to be consistent with current ambient noise levels under 55 dB(A), which is well under the 75dB(A) that is permitted at the property line by the Glenville Town Code.    
The proposed parking lot will be located in an area that is screened and buffered by natural vegetation from nearby residences, with the nearest residence located over 500 feet from the parking lot.  Further, the parking lot will consist of a gravel surface which complements the gravel travel surface of Weatherwax Road and minimizes runoff.    
The proposed driveway for the adventure course will be located off Weatherwax Road, a gravel surface road that serves only two residences, at present.  Users of the adventure course traveling to and from the course will arrive via Johnson Road, a low volume Schenectady County road.  The anticipated traffic volumes from the adventure course will not impact the capacity of Johnson Road and will not appreciably deteriorate the level-of-service of Johnson Road or its character as a low volume rural road.  
The need for landscaping elements for this proposal are minimal, because the adventure course itself is to be built within the trees, with minimal disturbance or removal of vegetation.  Further, the parking lot will be screened and buffered by existing trees and vegetation, and by the fact that the nearest residence is over 500 feet from the parking

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July 13, 2015
Page 14

lot.  Regarding snowplowing and snow removal, the adventure course will operate seasonally from late spring to the fall, with no need for snowplowing or snow removal.
  • Users of the adventure course will travel to and from the parking lot via a path through the woods connecting the parking lot and adventure course.  The rural setting of the property, and the fact that nearly all users will arrive by automobile, negates the need for any pedestrian or bicyclist accommodations or safety improvements, other than the wooded path connecting the two major project elements; and;  
                                                                                                
        Be it further resolved, that the PZC hereby recommends that the ZBA place the following conditions on approval of the conditional use permit:
 1)The applicant must receive Conditional Use Permit approval from the Zoning Board of Appeals and subsequently appear before the Planning and Zoning Commission for final site plan approval.         

Ayes:  Five
Noes:  None
Absents:  One
Abstentions:  None

Motion Carried
July 13, 2015

For the record, M. Carr stated correspondence was received late today from Andrew Brick and Lisa Linden which will be reviewed.  Mr. Carr also noted that all property owners have rights and under current zoning, this parcel could, for example, be logged or used for purposes carrying much more impact than this proposal.


4.  Joshua & Tammy Iacobucci                                    Conditional Use Permit
    Maple Avenue Extension

The applicants are proposing construction of an owner-occupied, two-family home (duplex) on Lot 3 of the recently subdivided parcel owned by G. Garrett on the west side of Maple Avenue Extension.  Public water and sewer is available.  The parcel is located north of the Maple Avenue/Glenridge Road roundabout, and is zoned Suburban Residential.

Mr. and Mrs. Iacobucci were both present to address the Commission and answer any questions the Commission may have.  J. Iacobucci said the approximately 3,360 sq. ft. two-family home would have 6 bedrooms and 5 baths.  There will be one driveway from Maple Avenue to eliminate curb cuts.  The garages will not face the road, and windows are planned for the side of the building.  The current plan is for the owners to rent to family members.

When asked, Mr. Iacobucci confirmed that this lot is one which has part of a barn/garage building on it, as shown on the original subdivision maps from Mr. Garrett.

MOTION


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July 13, 2015
Page 15

In the matter of the conditional use permit application by Joshua and Tammy Iacabucci to construct an owner occupied 2-family home on Lot 3 Maple Avenue, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application with conditions.

The Commission’s findings in support of our recommendation are as follows:

  • The establishment/operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare of the community.
  • The conditional use will not compromise the use and enjoyment of other property in the immediate vicinity, nor will it substantially diminish or impair property values within the neighborhood.
  • The conditional use will not hinder the normal and orderly development and improvement of surrounding properties.
  • The proposal does provide adequate utilities, access roads, drainage, and other necessary facilities to serve the conditional use.
  • The proposal does provide adequate measures for ingress and egress to the site, in such a manner as to minimize traffic congestion in the public streets.
  • The conditional use does, in all other respects, conform to the applicable rules, regulations, and ordinances of the Town, as well as the Town of Glenville Comprehensive Plan.
Recommended conditions of approval:

  • The existing barn/garage straddling the lot line is to be removed.
Motion:  M. Carr     Seconded:  J. Gibney
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED


5.  Bhavik Jariwala/Oakfield Hospitality                Site Plan Review (Preliminary)
    2 & 4 Freemans Bridge Road                 and Conditional Use Permit  
                                                                        
This proposal would involve the construction of a 5-story, 110-room hotel along the Mohawk River, between the Waters Edge Lighthouse Restaurant and The Terrace banquet facility, on the lands of Pat Popolizio.  

Luigi Palleschi, ABD Engineers and Surveyors, addressed the Planning and Zoning Commission.  He gave an overview of the project to be located on 5.21 acres of property which is divided into three tax map parcels.  Presently a banquet house, restaurant, marina, and several small buildings are on the property.  Four small buildings will be removed to accommodate the hotel.  The floodway boundary has been taken into consideration and the placement of the pool on the left of the hotel building reflects that.  Greenman Pedersen Inc. completed a traffic analysis and found that 66 additional trips would be added to the corridor traffic.  There will be three access points to the project: the existing boat launch, Gorman

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July 13, 2015
Page 16

Group Driveway, and the existing entrance off Freemans Bridge Road.  The property is zoned General Business.

The property is serviced by public utilities.  There is a grinder pump station which will need upgrading for the project, and a looped water connection is planned for increased flow.  L. Palleschi also said there will be increased greenspace, and landscaped islands with shrubs.  The existing retaining wall will be extended, visually connecting components of the site.

Because the site is located in the 100-year floodplain, the hotel will be elevated two-feet above the 100-year flood level.  This, plus the number of stories, will result in the need for a building height variance – 68 feet vs. 35 feet.  To minimize the number of variances, lot line amendments will be submitted.  Side line and setback variances will also be required.

Discussion followed regarding the parking needs, sharing spaces, and the size of the parking spaces.  

Charles Dumas, Lemery Greisler Attorneys at Law, stated reciprocal easements will be prepared to address liability, repair, insurances, etc. of the each of the three entities owning the three parcels.  Mr. Dumas also stated that financing of the project is simplified by keeping the lots separate.

Attorney Huff stated each lot will be treated as separate variances, and the applicant will need to be specific when in front of the ZBA.  The lot line adjustments must be submitted as soon as possible.  Mr. Palleschi said he submitted the lot configurations to the Town today, but may need additional variance requests.

When asked what permits will be needed for this project, the matter of State Department of Transportation curb cuts and alignment of Sunnyside Road, Freemans Bridge Road and the road referred to as the Gorman Group Driveway was discussed.  M. Carr asked that notes be added to the site plan regarding the intersection with the Gorman Group Driveway, which is currently owned by Mr. Popolizio.  Mr. Popolizio has purchased the Lyons property, and Gorman Bros. now has an easement over the road/driveway.

L. Palleschi also stated the Department of Environmental Conservation allows stormwater discharge to the Mohawk River.  The plan will address water quality, meeting DEC standards. Pretreatment will be needed, but detention basins are not.

P. Huff reminded the applicant that the ZBA will need Schenectady County referrals in hand before they act.  At this time, with the site plan not finalized, no referral requests have yet been sent.

MOTION

In the matter of the preliminary site plan review application and Conditional Use Permit by Bhavik Jariwala/Oakfield Hospitality, for construction of a 5-story, 100-110-room hotel, to be located at 2-4 Freemans Bridge Road, with the consent of the property owner, the PZC finds that this application will not result in a significant potential adverse environmental impact.  
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July 13, 2015
Page 17

Consequently, the Planning and Zoning Commission hereby issues a SEQRA Negative Declaration.

Motion:  M. Carr     Seconded:  T. Bodden
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED


MOTION

In the matter of the preliminary site plan review application by Bhavik Jariwala/Oakfield Hospitality, for construction of a 5-story, 100-110-room hotel, to be located at 2-4 Freemans Bridge Road, with the consent of the owner, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

  • The applicant must obtain required variances from the Zoning Board of Appeals.
  • The applicant must obtain the requested Conditional Use Permit from the Zoning Board of Appeals.
  • The issue of parking requirements of the three separate lots must be resolved.
  • Clarify on the site plan that the road to the north of this parcel and along the formerly owned Lyons property, known as Gorman Group Driveway, will be utilized as traffic control and is part of this project.  NYS DOT approval is required as Freemans Bridge Road is a state highway.
  • Lot line adjustments must be finalized.
The Commission hereby schedules a public hearing for August 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 August 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.

Attorney Huff added that if the applicant does not receive approvals from the Zoning Board of Appeals at the July 27th meeting, it is understood that final site plan approval will not be granted at the August Planning and Zoning meeting.  The next possible PZC public hearing date would be September, 2015.

Motion:  M. Carr     Seconded:  P. Ragucci
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

MOTION

In the matter of the conditional use permit application by Bhavik Jariwala/Oakfield Hospitality, for construction of a 5-story, 100-110-room hotel, to be located at 2-4 Freemans Bridge Road,







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July 13, 2015
Page 18

with the consent of the owner, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application with conditions.   

The Commission’s findings in support of our recommendation are as follows:

  • The establishment/operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare of the community.
  • The conditional use will not compromise the use and enjoyment of other property in the immediate vicinity, nor will it substantially diminish or impair property values within the neighborhood.
  • The conditional use will not hinder the normal and orderly development and improvement of surrounding properties.
  • The proposal does provide adequate utilities, access roads, drainage, and other necessary facilities to serve the conditional use.
  • The proposal does provide adequate measures for ingress and egress to the site, in such a manner as to minimize traffic congestion in the public streets.
  • The conditional use does, in all other respects, conform to the applicable rules, regulations, and ordinances of the Town, as well as the Town of Glenville Comprehensive Plan.
Recommended conditions of approval:

  • Upon approval by the Zoning Board of Appeals, the application will appear before the Planning and Zoning Commission for final site plan review.
Motion:  M. Carr     Seconded:  J. Gibney
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED


With no additional items on the agenda, the meeting was adjourned at 9:00 p.m.

The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, August 10th, 2015.  The agenda meeting will be held Monday, August 3rd, 2015.


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


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