Town of Glenville
Planning and Zoning Commission
Monday, February 9, 2009
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302
Present: Chairman Mike Carr, Jim Gibney, Mark Storti and Steve Marsh
Excused: Tom Bodden, Walt Pryne
Also Attending: Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, Paul Borsienko, Building Inspector, and Chris Flanders, Recording Secretary
1. Approval of the agenda as presented
Motion: S. Marsh Seconded: J. Gibney
Vote: Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
Approval of the minutes of the January 12, 2009 meeting
Motion: S. Marsh Seconded: J. Gibney
Vote: Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
2. John G. Zampella Site Plan Review
427 Saratoga Road Final (Public Hearing)
The applicant is seeking site plan approval for a salon. The property is located on the west side of Route 50, adjacent to the East Glenville Fire Department property on the south. The property is zoned Community Business.
Mr. Zampella was present to address any questions the Commission or public may have. He stated that he appeared before the Zoning Board of Appeals and the necessary variances for the application to go forward were granted. He also stated that he is aware that he must connect to public water before a certificate of occupancy is issued.
J. Gibney asked about changes to the curb cut. Mr. Zampella said the driveway will need to be wider and he has made application to New York State Department of Transportation.
Chairman Carr opened the pubic hearing. With no one wishing to speak, the public hearing was then closed.
The Commission agreed that they had no issues with this application.
Planning & Zoning Minutes
February 9, 2009
Page 2
MOTION
In the matter of the final site plan review application by John Zampella for a hair salon located at 427 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: S. Marsh
Vote: Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
MOTION
In the matter of the final site plan review application by John Zampella for a hair salon located at 427 Saratoga Road, 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.
6. The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.
Conditions of Approval:
1. Approval by DOT to widen the curb cut.
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February 9, 2009
Page 3
2. It is noted that the Zoning Board of Appeals granted the necessary variances for this application, and any conditions of that approval are to be met.
3. The applicant is required to connect to town water before the issuance of a certificate of occupancy.
Motion: M. Storti Seconded: S. Marsh
Vote: Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
3. Ronold Woodbeck Site Plan Review
491 Saratoga Road (Final)
The applicant is proposing to open a day care facility in the vacant former school building on the southwest corner of Route 50 and Gleason Road. This parcel is zoned Professional/Residential.
Eric Holt addressed the Commission on behalf of Mr. Woodbeck and his partner, Mr. Zarnofsky. He said per the request of the Commission at last month’s meeting, the revised plan shows 15 parking spaces. This is actually the original plan, before three spaces were eliminated next to the building. If the parking ever has to be expanded, the front can be bumped out and four additional spaces could be placed there.
Also per the Commission’s request, the fencing is shown. It is 3,750 sq. feet of fence and play yard. E. Holt provided the sign design and said the sign will be externally lit.
M. Carr noted for the record that the turning lane issue from Gleason Road brought up by neighbors at the public hearing has been forwarded to the Traffic Safety Committee.
M. Storti asked about signage and arrows to indicate the preferred driving pattern. Mr. Woodbeck said there would be a permanent median at the entrance and signage on the building designating drop-off and pickup areas.
It was noted that the public hearing was held and closed at the January Planning and Zoning Commission meeting.
MOTION
In the matter of the final site plan review application for a day care facility by Ronold Woodbeck, located at 491 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: 4 Noes: 0 Absent: 2
MOTION CARRIED
Planning & Zoning Minutes
February 9, 2009
Page 4
MOTION
In the matter of the final site plan review application for a day care facility by Ronold Woodbeck, located at 491 Saratoga Road, 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 adequate and logical location, arrangement, and setting of off-street parking and loading areas.
4. The proposed use does exhibit adequate and logical placement, arrangement, size, and design of buildings, lighting, and signs.
5. 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.
6. The proposed use will allow for adequate on-site snow plowing and snow storage.
Conditions of Approval:
1. The sign must be externally lit.
Motion: M. Storti Seconded: S. Marsh
Vote: Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
4. Richard DiCresce, Jr. Site Plan Review
178 Freemans Bridge Road (Preliminary)
The applicant is seeking site plan approval for a used-car sales business. The parcel is located on the east side of Freemans Bridge Road, adjacent to the Schenectady County Airport and just north of the Envy Salon. The property is zoned General Business.
Mr. DiCresce was present to address the Commission.
Planning & Zoning Minutes
February 9, 2009
Page 5
Chairman Carr noted that at the last Planning and Zoning Commission meeting, the applicant was asked that the property conform to what was approved for the previous location of his business. Mr. Carr asked Mr. DiCresce if this was done in respect to the number of vehicles allowed. R. DiCresce said yes. Mr. Carr clarified by asking if the applicant has 29 vehicles for sale with four spaces available for customer parking. Mr. DiCresce then added that there are 29 vehicles for display and two customer vehicles, for a total of 31. Mr. Carr asked if anyone could confirm that number. S. Marsh said he could not, but he did count the previous week and there were 36 vehicles on the premises. Mr. DiCresce agreed that he had too many cars there, but he
wholesaled some.
M. Carr stated for the record and “to make it crystal clear,” that all the Commission is asking the applicant to do is to conform to what was approved for his previous property. He continued, “Once you conform, you meet the intent of zoning and you can do what you need to do. But you can’t have 34 cars; you have to stay within the confines of what you were approved for. Do you understand that?” Mr. DiCresce replied, “Yes, absolutely.”
M. Storti summarized the site plan as having greenspace shown in front of the property; the business sign which must conform to the Freemans Bridge Road Master Plan regulations; and shrubs which are low and will not interfere with sight distance. He asked the applicant about the carport shown on the site plan. Building Inspector Paul Borisenko said the carport will be permanent; upon approval of this plan, Mr. DiCresce can get a building permit for the carport.
The parking was discussed. S. Marsh stated he did not see parking markings as the lot was snow covered when he looked at it. The handicapped parking space is in the rear. The majority of the parking is in the back, with the display area in the front. Mr. DiCresce said there would be six cars in the front display area, meeting the 25’ setback. He said he moved the cars back to the 25’ mark and 26’ from the airport side of the property, because the airport owns 16’ from the fence and he needs to have his cars 10’ from the fence.
M. Storti asked about snow storage and Mr. DiCresce stated that it would be in the rear of the property. He said he had pushed it all the way to the fence, because he watched the Enterprise Rental last year push it up to the fence. He said Alan Boulant told him the airport people don’t mind that, but after the first storm this year, he was told it would be better to push it to the back, and that is what he does now. He said he has plenty of room to do so.
M. Storti asked about the sign. R. DiCresce said he would not be doing a sign until the spring, but it would not be lit. Attorney Peg Huff asked the applicant if there would be any lights on the sign and Mr. DiCresce said he was not planning on it. He added that just the existing lights on the building will be used. M. Carr was reminded Mr. DiCresce that he would need a sign permit from the Building Department.
M. Carr then asked about the shrubbery and asked if they would be salt tolerant species. K. Corcoran indicated that the shrubs should be. Mr. DiCresce said he planned on doing more landscaping than what is shown on the map.
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February 9, 2009
Page 6
M. Storti stated the property is connected to municipal sewers and public water.
S. Marsh said it looked like the applicant would have to remove some asphalt to get enough grass area in front. R. DiCresce said he was also told that.
J. Gibney said he drove by the property and it looked pretty neat at that time.
Chairman Carr summarized by saying, “All we are asking is that you stick to what you are approved for. If you need to change that, come back and ask. What annoys everybody is when the applicant gets approved for something and goes out and does something other than that. Then you are in violation of zoning regulations in the Town of Glenville.” He added, “If you get approved for this, stick to this. If you want to change it, get permission to do it; that is what the law says you have to do.” Mr. DiCresce responded, “Yes, do it the right way.” M. Carr explained, “We want you to thrive, to have a good business, but you have to play by the rules.” Mr. DiCresce again responded, “Yes, do it the
right way.”
MOTION
In the matter of the preliminary site plan review application by Richard DiCresce for a used car sales business, located at 178 Freemans Bridge Road, the Planning and Zoning Commission hereby approves the application.
The Commission hereby schedules a public hearing for March 9, 2009 to consider the final site plan review application for this particular project.
There are no conditions of preliminary approval, but Chairman Carr asked if the applicant would make a commitment to make application with the Building Department for the carport upon final approval and Mr. DiCresce said he would make that commitment.
For the record, Chairman Carr asked if the applicant would make a commitment to follow the approved site plan and Mr. DiCresce stated, “Absolutely, absolutely.”
The Commission hereby schedules a public hearing for March 9th to consider the final site plan review application for this particular project. However, in order for the Commission to schedule a public hearing for March 9, nine (9) copies of any changes to the 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: 4 Noes: 0 Absent: 2
MOTION CARRIED
Planning & Zoning Minutes
February 9, 2009
Page 7
5. Laurie S. and John L. Reilly Minor (2-lot) Subdivision
44 Edmel Road (Preliminary)
This application calls for the subdivision of a 3.94+/- acre parcel on the north side of Edmel Road. The result of this subdivision would be the creation of a 3.44+/- acre parcel that contains the existing home and improvements, as well as one new building lot consisting of 21,803+/- square feet. The project site is zoned Suburban Residential.
Duane Rabideau, VanGuilder Associates, briefly described the proposal. He said a percolation test was done and the septic system designed will be a raised bed system for a three bedroom house, which will be connected to public water. Paul Borisenko clarified that a deep hole investigation was done, but per Dana Gilgore, the percolation test will be performed in the spring. The soil investigation confirms an Amsterdam fill system will not be required.
D. Rabideau stated that the small lot is similar in size to neighboring lots and there are no further plans for the larger lot. M. Carr asked if there is possible access via adjoining lots along the rear of these lots and it was determined there is no possibility of development from the back side.
Discussion followed about the amount of soil needed for the proposed septic system, and the resulting truck loads carried on Edmel Road. P. Borisenko said approximately 18” of soil needs to be brought in; not an exorbitant amount or number of truck trips. K. Corcoran explained that if the percolation test results are poor, more sewer laterals may be needed. If the size of the absorption field is not increased, the number of bedrooms of the house will be required to be decreased.
MOTION
In the matter of the preliminary minor subdivision application by John and Laurie Reilly for a two-lot subdivision located at 44 Edmel Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.
Conditions of preliminary subdivision approval are as follows:
1. The applicant is to follow and adhere to the NYS Department of Health regulations for the sizing of the septic system.
The commission hereby schedules a public hearing for March 9th to consider the final minor subdivision application. However, in order for the Commission to schedule a public hearing for March 9, nine (9) copies of the revised subdivision map and/or requested information must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing.
Motion: M. Storti Seconded: J. Gibney
Vote: Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
Planning & Zoning Minutes
February 9, 2009
Page 8
6. Donald Barnes and Keira Scott Minor (2-lot) Subdivision
70 and 72 Scotch Bush Road (Preliminary)
This proposal calls for the subdivision of a 1.12-acre parcel with two existing homes into two lots. The result would be that each home would be on its own parcel. Several area variances for insufficient frontage and side yard setbacks would be required to accommodate this subdivision. The property is located on the east side of Scotch Bush Road, approximately 670 feet north of its intersection with Lake Hill Road. The property is zoned Suburban Residential.
The applicant, Donald Barnes, was present to address the Commission regarding his application to subdivide his property. Mr. Barnes stated both homes would have their own water and septic. The barn currently straddling the proposed property line would be demolished.
M. Carr noted that the lots would be sub-standard in size and variances would be required from the Zoning Board of Appeals. Mr. Barnes stated he has applied for the variances and is scheduled to appear in front of the ZBA at the February 23rd meeting.
P. Borisenko noted due to the placement of the well in relation to the septic system, the house not connected to public water (Lot #2 – 70 Scotch Bush Road) will be required to be connected in the spring. P. Borisenko also suggested the applicant take the barn down before filing the plot plan to prevent any issues. A demolition permit will be required, which costs $50. The barn should be down before the Planning and Zoning Commission Chairman signs the subdivision plans.
P. Huff asked why two houses are on one lot and Mr. Barnes explained one house was built in 1903, and the second house was built in 1958, before this was not permitted.
S. Marsh asked if the note on the map regarding timing of the barn demolition agrees with the intent and it was determined that the note is satisfactory.
M. Storti asked about the two curb-cuts shown on Lot #1 (72 Scotch Bush Road). Mr. Barnes answered that a circular driveway was there, but the driveway to the north will be closed as the new septic system installed in 2007 is now there. M. Storti asked that a note be added to the map indicating the northernmost access will be removed.
MOTION
In the matter of the preliminary minor subdivision application by Donald Barnes for a two-lot subdivision located at 70-72 Scotch Bush Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.
Conditions of preliminary subdivision approval are as follows:
1. Securing necessary variances from the Zoning Board of Appeals.
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February 9, 2009
Page 9
2. Both houses are to be connected to public water.
3. The barn and overhang are to be demolished before filing of the plot plan.
4. The northern curb cut for driveway access is to be eliminated on Lot #1.
The commission hereby schedules a public hearing for March 9th, 2009 to consider the final minor subdivision application. However, in order for the Commission to schedule a public hearing for March 9, nine (9) copies of the revised subdivision map and/or requested information must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing.
Motion: M. Storti Seconded: S. Marsh
Vote: Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
8. Town of Glenville SEQR Recommendation to
Maalwyck Park Road and NYS Route 5 the Town Board
The Town is proposing to add parking, secondary vehicular access, a picnic pavilion and a car-top boat launch within Maalwyck Park. Public sewer service and public water will be extended to the park as part of this project.
Parks Director James MacFarland addressed the Commission regarding this water and sewer action. He stated the Town Board would be asked to add Maalwyck Park to the existing water district.
J. MacFarland said the sewer and water is ‘stubbed’ out from the Mortensen project. The Phase I and Phase II Archeological studies are completed. He will be meeting with Phillip Perazio, Office of Parks, Recreation and Historic Preservation regarding proceeding with Phase III. He anticipates shovel tests in the areas of most disturbance. The degree of investigation will be determined by those findings. No soil will be removed from the site. There will be lift stations for the sewer system. The lift stations are not out of the flood plain, but are 2’ above the 234’ elevation. The utilities will stop at the pavilion. The electric service to the pavilion will be underground.
P. Huff noted that the Glenville Environmental Conservation Commission recommended the PZC and Town Board issue a negative declaration with the following contingencies:
(1) Pesticides to be administered by a certified applicator
(2) Review staffing and maintenance
(3) Safety of Car Top Boat Launch be reviewed
(4) Archeology Study
As the Maalwyck Park Master Plan already received a SEQR determination, Ms. Huff does not believe this is part of the water service and sewer hook-up. Mr. MacFarland stated that is his understanding as
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February 9, 2009
Page 10
well, and is requesting this recommendation as required before being added to the existing districts. He also stated he addressed these issues with the GECC, as the items are already in place/and or are being done. He has contacted the Canal Corp and the boat launch exceeds their distance requirements from the lock.
M. Storti asked if there will be any type of vegetative screening for the lift station/‘turtle hut’ structures. J. MacFarland said some existing white pines will be moved as they are too dense and perhaps could be used. He said they have some rudimentary landscaping ideas, but Environmental Design Partnership, the consultants on this project, would come up with a more detailed, specific landscaping plan.
S. Marsh asked if there is a bike path as shown on the map, and J. MacFarland it was part of the original concept for the park. He said there is a possible connection now, but the logistics make it difficult.
MOTION
In the matter of the SEQR recommendation application by the Town of Glenville for property located at Maalwyck Park Road and Route 5, 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 recommends the Town Board as SEQR lead agency, issue a negative declaration. The reasons supporting this recommendation: This proposal does not conflict with the Town’s Comprehensive Plan and/or the Maalwyck Park Master Plan.
Additional recommendations: The lift stations are to be outside or above the flood plain. There should be a landscaping plan for the lift stations with screening to avoid negative visual impacts. This SEQR recommendation applies to the water and sewer connection only.
Motion: M. Storti Seconded: J. Gibney
Vote: Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, March 9, 2009. The agenda meeting will be held on Monday, March 2, 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:
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