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PZC Minutes 12-14-15
Planning and Zoning Commission
Town of Glenville
18 Glenridge Road
Glenville, N.Y. 12302
December 14, 2015

Present:        Michael Carr, Chairman, Thomas Bodden, James Gibney, Timothy Yosenick, and Kurt Semon

Also
Present:        Paul Borisenko, Building Inspector, Kevin Corcoran, Town Planner,
                Peg Huff, Attorney and Lynn Walkuski, Stenographer

Absent: Patrick Ragucci

Meeting called to order at 7:03 PM

MOTION to approve Agenda:
Moved by: M. Carr
Seconded by: K. Semon
Ayes: 5 Noes: 0 Absent: 1                                       Motion Approved

MOTION to approve minutes from November 9, 2015 meeting:
Moved by: M. Carr
Seconded by: T. Yosenick
Ayes: 5 Noes: 0 Absent: 1                                       Motion Approved


Backyard Shed Company, Inc.                             Site Plan Review
658 Saratoga Road                                               (Final) Public Hearing

This application calls for the establishment of a shed and gazebo retail business on the property formerly occupied by the Creekside Café, which was destroyed by fire in 2014.  This proposal includes the establishment of a new building – a carriage house-type structure- that will serve as the office.  Sheds that are for sale would be stored outdoors on the property.  As proposed, at a minimum, a front yard setback area variance would be required, as well as variances for insufficient pavement-free buffers along the front and side yards.  The portion of the property slated for this business is zoned “Commerical Business”.

M. Carr stated the current issue is the variances have yet to be obtained by the applicant.  Applicant stated their next scheduled meeting for the variances is December 21, 2015.  

M. Carr also indicated that there cannot be any movement with regard to the applicant’s request until the variances are either acquired or not.

P. Huff noted for the record that the reason the ZBA did not act was due to the fact that they did not receive the county referral back.

M. Carr opened the floor for any public comment regarding this application.  No public comments were made, and M. Carr closed the public hearing.

K. Semon motioned to table Backyard Shed Company, Inc. until next month.

MOTION to table Backyard Shed Company, Inc. until the January 11, 2016 meeting.
Moved by:  M. Carr
Seconded by:  K. Semon
Ayes: 5   Noes: 0  Absent:  1                                           Motion Approved


Peter Ashline                                                           Site Plan Review
612 Saratoga Road                                                       (Preliminary)

This application calls for the construction of a 1,900 sq. ft. sit-down restaurant with seating for 55. A new parking lot with 21 parking spaces is also proposed, as is the installation of a new septic system. This restaurant would be located on the site of the former Poor John’s Restaurant/Tavern.  The property is zoned “General Business.”

M. Carr asked Mr. Ashline to give some details regarding his proposed restaurant.

P. Ashline stated that his intention is to open a café type restaurant and serve breakfast and lunch during the first 6 months of operation.  Depending upon how the business develops, he may decide to expand to include dinner.  They will be doing their own baking on the premises similar to Bella Napoli. Initial operation hours are from 7:00AM-2:00PM.

M. Carr stated there is a variance needed and Mr. Ashline responded that he has spoken with the Building Inspector and will be going to the Januray 21, 2016 Zoning Board of Appeals meeting regarding the variance.

K. Semon asked what the variance was for.

M. Carr replied the variance is for a set back from Hetcheltown Road. The building will be 14 feet from the road and it needs to be 40 feet.  The other issue is the curb cut on Hetcheltown Road as the proposed driveway is 60 feet from the intersection.  The stacking of vehicles on Hetcheltown Road could end up blocking the restaurant’s driveway at certain times of the day.

P. Ashline stated he has been in contact with both NYSDOT and County Dept. of Public Works regarding this issue.  He has sent site plans to both agencies and is awaiting a response.  His last communication with them was December 14, 2015.

J. Gibney asked if there were to be guard rails installed.

M. Carr asked how they were going to eliminate the curb cut on Route 50.
P. Ashline said the site plans include drainage in front of the property which will eliminate the existing driveway with grass and trees further closing off the front.

M. Carr indicated there is also a rear service entrance so there will be two curb cuts off Hetcheltown Road.  It was also asked if the curb cut by the existing wood frame house on the east side of the property will be for deliveries and asked will it be labeled as such.

P. Ashline confirmed that the east side is not for patrons and will be labeled as such.

M. Carr asked about adequate parking for the site.  Paul Borisenko, Building Inspector, said there is adequate parking.

K. Semon had a concern about the line of sight from Hetcheltown Road turning onto Route 50. The vegetation that will be installed may interfere with the line of sight. Paul Borisenko, Building Inspector, said there could be interference, but it is required. K. Semon also stated that they want the green space, but one still needs to see down the road.

P. Ashline responded that is the reason his building is not being placed on the corner.

K. Semon inquired as to the status of the house on the property, will it be owner occupied or rented.

P. Ashline said the house will be redone and occupied by one of his children.

T. Bodden asked K. Corcoran, Town Planner, if he was aware of the standard of distance from a perpendicular road to a side road to a curb cut. Making a turn on Hetcheltown Road would be immediately followed by a curb cut.  Is this outside the standard?

K. Corcoran, Town Planner, said usually it’s 100 feet, ideally 125 feet, but these are guidelines, not standards. The curb cut is currently shown at 60 feet from the intersection.

M. Carr didn’t see a problem currently considering the time of operation that the restaurant is expected to be open.  However, morning may be a little busy on Hetcheltown Road, and dinner time, but initially dinner won’t be served at the restaurant.

T. Bodden stated if you are going to have that, then you need to be careful of vegetation installed for those traveling north on Route 50. Drivers making a right hand turn on Hetcheltown Road will have to be able to see the cars that may be lined up.

M. Carr said if the state and county are ok with it then it shouldn’t be an issue. The state and county should have the information regarding volume and level of service of each of the roads and they will make that decision. We need to wait for feedback from the state and county. It was mentioned that Hetcheltown Road is a county road.

K. Semon inquired if there was a rendering of the restaurant, including elevations.

P. Ashline responded at this point just the foundation plans. Trying to get approval on that first.  He can provide a rendering or elevations as the application progresses.

K. Semon asked if restaurant was open or have a counter like a diner.

P. Ashline indicated mostly open.

K. Semon asked about the seating for 55 and whether they would not likely to be doing parties which could affect the parking.

P. Ashline said no parties

M. Carr indicated there are no zoning issues since the previous business was a restaurant too.

MOTION

In the matter of the preliminary site plan review application by Peter Ashline at 612 Saratoga Road for the construction of a 1,900 sq. ft sit-down restaurant with seating for 55, the PZC finds this application will not result in significant potential adverse environmental impact. Consequently, the PZC hereby issues a negative declaration.

Moved by: M. Carr
Seconded by: K. Semon
Ayes: 5   Noes: 0    Absent:  1                                         Motion Approved


MOTION

In the matter of the preliminary site plan review application by Peter Ashline at 612 Saratoga Road for the construction of a 1,900 sq. ft. sit-down restaurant with seating for 55, the PZC hereby conditionally approves the application.

The Commission hereby schedules a public hearing for February 8, 2016 to consider the final site plan review application for this particular project.

Conditions of the preliminary approval are as follows:

  • Response from NYSDOT regarding Route 50
  • Response from County DPW regarding the curb cut
  • Obtain variance for building setback on Hetcheltown Road
The Commission hereby schedules a public hearing for February 8, 2016 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for the February 8, 2016 date, 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
Moved by: M. Carr
Seconded by: K. Semon
Ayes:  5    Noes:   0    Absent: 1                                      Motion Approved


Meridian Construction Company of Scotia, Inc.                   Site Plan Review
92 Saratoga Road                                                                (Preliminary)

The applicant is seeking to establish a contractor’s office in the existing building located at 92 Saratoga Road.  The property is located on the east side of Route 50, immediately north of the Highland Square senior apartments site.  The property is zoned “Professional/Residential”.

M. Carr asked who is representing Meridian Construction. He also asked for the applicant’s intent and what is Meridian’s business.

Ed Wierzbowski acknowledged that he is the representative for Meridian.  The property was purchased about a year ago looking to establish their office there. This will be an office only; not a contractor’s yard.  Previously the property was used by another contractor without approval.   It is their intent to go through the proper channels to receive approval.  The business is construction – residential, kitchen and bathrooms. Applicant acknowledged that it is strictly a contractor’s office.

M. Carr stated they need a variance for the transition yard setback and need to follow up with the ZBA.  Although already mentioned by Mr. Wierzbowksi, it needs to be stated and understood by the applicant that this is a contractor’s office and not a contractor’s yard.  No storage of materials or large trucks. No chemicals or hazardous materials.

E. Wierzbowski indicated that he understood.

T. Bodden questioned whether contractor materials would be allowed to be stored there due to the zoning.

P. Huff stated she believed there was a zoning change and therefore that type of storage would not be allowed.

M. Carr also mentioned that there will be no overnight parking of any vehicles larger than a passenger vehicle or pickup truck.

K. Semon inquired about the existing two-story frame house and access to the building for handicap accessibility as there is already a handicap parking space there.  

E. Wierzbowski indicated that the building is for company office use only and not intended for the general public. He asked if they were referring to a handicap ramp.

M. Carr stated that the Town was not asking him to install a handicap ramp, but the applicant would be obligated to the standards set forth by ADA (American Disabilities Act).  P. Borisenko indicated that existing buildings have more lenient standards, but Mr. Wierzbowski’s business will meet code.

M. Carr asked if the applicant has an existing contractor’s office in the Town and Mr. Wierzbowksi indicated that he does, as he works out of his home.

MOTION

In the matter of the Meridian Construction Company of Scotia, Inc. located at 92 Saratoga Road, for the establishment of a contractor’s office in an existing building located at 92 Saratoga Road, the PZC finds that this application will not result in a significant potential adverse environmental impact. Consequently, the PZC issues a negative declaration.

MOTION
Moved by: M. Carr
Seconded by: K. Semon
Ayes: 5   Noes: 0    Absent: 1                                          Motion Approved


MOTION

In the matter of the preliminary site plan review application by Meridian Construction Company of Scotia, Inc. seeking to establish a contractor’s office in the existing building at 92 Saratoga Road, the PZC hereby conditionally approves the application.

        Conditions of preliminary approval are as follows:
        
  • Obtain variance for transition yard set back
The Commission hereby schedules a public hearing for January 11, 2016 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for January 11, 2016, nine (9) copies of the revised site plan if necessary, must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing date.

MOTION
Moved by: M. Carr
Seconded by: K. Semon
Ayes: 5   Noes:   0   Absent:   1                                       Motion Approved



Amedore Group, Inc.                                             Request for extension
Glen Oaks – Hillside Drive and Comanche Road  of subdivision plan
        filing deadline

The Amedore Group is requesting a second extension of the final subdivision plan
filing deadline for their approved 135-lot subdivision.  This request would extend
the filing deadline from January 7, 2016 to April 6, 2016.

John Bossalini, representative for Amedore Group, stated that they are still
working on some details of the sanitary sewer system for the 135 lots and will be
submitting them to the DEC on Wednesday, December 16th for their consideration,
and also to DOH (Department of Health).  They will then send them back to our
office for signature within the next 30 days.

M. Carr mentioned at this point it is just a procedural modification.


MOTION

Motion to extend Amedore Group, Inc. Glen Oaks subdivision plan filing date to
April 6, 2016, granting a 90 day extension.

MOTION
Moved by: K. Semon
Seconded by: M. Carr
Ayes:  5    Noes:  0   Absent:  1               Motion Approved



Amedore Group, Inc.     Request for extension
Yates Farm Condominium Community – Maple Ave   of site plan filing deadline

The Amedore Group is requesting an additional extension of the final site plan
filing deadline for their approved 44-unit townhouse project.  Originally approved
in May 2008, this project has received several filing extensions, including the latest
two-year extension, which expired on November 30, 2015.

M. Carr noted the original agenda stated it was a subdivision plan filing
Deadline, but is in fact a site plan.  The new deadline would be February 29, 2016.

J. Bossalini stated there have been many stops and starts on this particular project.
They had to demolish the old schoolhouse, work with National Grid
regarding new service among other things.  It was also discovered that the mapping
was also incorrect regarding the wetlands. New maps should be done by Saturday,
December 19th and a new contractor will be ready to go by the 21st.  

MOTION

Motion to extend the Amedore Group, Inc. Yates Farm Condominium – Maple
Avenue deadline for their site plan filing, from November 30, 2015 to February 29, 2016.

M. Carr said that this will be retroactive to November 30, 2015. He also wanted to add that the reasons for the delays were caused by county highway, National Grid utility work, and other items needing to be taken care of, so it was not something the applicant was directly responsible for.

MOTION
Moved by: M. Carr
Seconded by: K. Semon
Ayes:  5    Noes:  0   Absent: 1                                                Motion Approved



M. Carr shared there will be a new PZC member beginning in January 2016.  His name is Marshall Tanner.

M. Carr informed the Committee that Peg Huff will be stepping down from the PZC effective December 31, 2015.  He personally thanked her for her work and her expertise, and on behalf of the Commission wished her well.

With no further business, the meeting was adjourned at 7:40PM.




Submitted by:






______________________________          _________________________
Lynn Walkuski, Stenographer                     Linda Neals, Town Clerk