Town of Glenville
Planning and Zoning Commission
Monday, March 9, 2009
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302
Present: Jim Gibney, Mark Storti, Tom Bodden, Walt Pryne and Steve Marsh
Excused: Chairman Mike Carr
Also Attending: Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, Paul Borsienko, Building Inspector, Mark Quinn, Town Board Liaison, and Chris Flanders, Recording Secretary
1. Approval of the minutes of the February 9, 2009 meeting
Motion: W. Pryne Seconded: J. Gibney
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
2. Richard DiCresce, Jr. Site Plan Review
178 Freemans Bridge Road Final (Public Hearing)
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. He said he moved his business from 95 Freemans Bridge Road to 178 Freemans Bridge Road to sell cars.
M. Storti opened the public hearing.
S. Marsh said he has stopped by the location and counted the cars on the lot for sale at 29 vehicles or below. He thanked the applicant for adhering to the maximum allowed and added it makes the Planning and Zoning Commission’s job easier to help secure his business at 178 Freemans Bridge Road.
Discussion followed about the existing sign pole. It is not a violation, but an eyesore. It was determined that the applicant will either use the pole or remove it.
When asked about the carport in the rear of the building, Mr. DiCresce said he had brought the specifications in to the Building Department for review.
With no one wishing to speak about this application, M. Storti closed the public hearing.
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March 9, 2009
Page 2
MOTION
In the matter of the final site plan by Richard DiCresce, Jr., for a used-car sales business located at 178 Freemans Bridge 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: T. Bodden Seconded: J. Gibney
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
DISCUSSION:
S. Marsh stated for the record that this site plan approval is for 29 cars for sale and 4 additional parking spaces for customers. Mr. DiCresce agreed.
MOTION
In the matter of the final site plan review application by Richard DiCresce, Jr., for a used-car sales business located at 178 Freemans Bridge 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 does demonstrate adequate provisions for the collection and/or disposal of storm water, sanitary waste, and garbage.
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March 9, 2009
Page 3
7. The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.
Conditions of Approval:
1. The existing sign pole on the property will either be used, or removed by the applicant.
2. The applicant is approved for only 29 cars to be on the premises for sale at any one time and for 4 parking spaces for customer use.
3. The carport will require all applicable permits.
Motion: T. Bodden Seconded: J. Gibney
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
3. Laurie S. and John L. Reilly Minor (2-lot) Subdivision
44 Edmel Road Final (Public Hearing)
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, represented the applicants. He gave a short description of the project. He stated that both lots will have public water and on-site septic systems.
M. Storti opened the hearing to the public.
Brian Crossway, Saratoga Road, asked what would be happening to the larger parcel that could affect his property. He said the well on 413 Saratoga Road is very close to the property boundary.
Earl C. Crossway, 413A Saratoga Road, wanted to know if the existing septic for 44 Edmel Road will be expanded, as the area experiences drainage problems because of the clay base. He also said there is a creek that runs across the property and wonders if the new septic for the newly created lot would have any impact on the stream. He stated his well is 50’ from the rear property line.
D. Rabideau said there would not be an impact. The existing septic system will not be expanded and at this time, there are no plans to further subdivide the larger parcel.
Mr. Crossway is also concerned about his son’s property, 413 Saratoga Road, because his son (Earl D. Crossway) has a large pond there, and he does not want to see it polluted. He asked why the owner of Edmel Road was allowed to put a pond in on that property when NYS DEC said he could not. He stated this occurred eight to ten years ago.
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March 9, 2009
Page 4
P. Borisenko said NYS Department of Health does not allow a septic system within 100 ft. of a well. Mr. Crossway said his well is twenty to twenty-five feet deep; it is an artesian well, and he is concerned about it being contaminated or impacted in the future.
Discussion followed about any guarantees about future impact. Zoning could eventually change, but at this time, local law does not allow re-subdivision within 18 months. After that time, the Zoning Board of Appeals, the Planning and Zoning Commission, and the Building Department would be aware and involved.
T. Bodden asked if Mr. Crossway’s well location could be added to the map. D. Rabideau said yes. Mr. Crossway said he would take measurements from the boundaries and supply them to Paul Borisenko for D. Rabideau’s use.
Shauneen Kuczek, 54 Edmel Road, said she was the former owner of the Reilly property. She was not aware this property was one lot. P. Huff said it may have been combined since Ms. Kuczek owned it. She also noted that the existing septic system is eight feet from the existing house and asked if that would be required to be brought up to Town code. She was told it is not required until it is being replaced.
Earl D. Crossway said his pond is fully stocked with fish and doesn’t want any pollution to occur. The pond is fed by natural springs.
It was determined the nearby trailer park is serviced by group septic tanks, three or four trailers to a tank, which are regulated by New York State.
S. Kuczek asked if the driveway would be a shared driveway, and the answer was no, there would be separate driveways.
S. Marsh asked if there is an active stream on the property and D. Rabideau said there are Army Corps of Engineers wetlands. If they were DEC wetlands, there would be regulations regarding the distance to a septic system.
The Commission asked D. Rabideau to add a proposed driveway, house and septic system to the map to be representative of what is planned, to show that the construction was presented, considered, and issues were taken into account. The house size will be determined by the septic system design. A note may be added to the map stating as designed, the maximum of three bedrooms would be allowed for the proposed house. All of this information should be on one map.
Mr. Crossway again expressed his concern about any impact on the stream/creek by septic systems. S. Marsh explained that Mr. Bates is a licensed professional, and as such, his first obligation is to address the good of the pubic.
Dina Bartholomew, 54 Edmel Road, asked about percolation test results, and was told percolations tests have not been done yet.
With no one wishing to speak further regarding this application, the public hearing was closed.
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March 9, 2009
Page 5
MOTION
In the matter of the minor subdivision by John and Laurie Reilly, for a two-lot subdivision located at 44 Edmel 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: S. Marsh Seconded: J. Gibney
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
DISCUSSION:
There being no evidence to the contrary, and after a hearing open to the public, where concerns were brought out regarding impact on water supply and septic systems on properties not adjacent to the property in question; and the fact that the property owner is willing to invest in an engineered septic system, it is determined that this application will not result in a significant, potential adverse environmental impact.
MOTION
In the matter of the final 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 application.
Conditions of Approval:
1. The location of the Crossway well will be added to the plot plan; location measurements will be provided by E. Crossway.
2. The existing septic system for the existing house will be added to the plot plan.
3. The location of the proposed house, driveway, and septic system will be added to the plot plan.
4. A note is to be added to the plot plan stating the proposed house is limited to a 3 bedroom house based upon the septic system design presented; the final number of bedrooms and ultimate septic system design shall be determined by percolation tests conducted in the presence of Town representatives.
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, and the physical constraints of this particular site; 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 $1000.
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March 9, 2009
Page 6
Motion: S. Marsh Seconded: J. Gibney
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
4. Donald Barnes and Keira Scott Minor (2-lot) Subdivision
70 and 72 Scotch Bush Road Final (Public Hearing)
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 have been granted by the Zoning Board of Appeals 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.
Mr. Barnes was present to address the Commission and the public regarding his application. He stated that the demolition permit required for the barn straddling the property line has been obtained, and the northern most driveway will be closed per the request of the Commission last month.
M. Storti opened the public hearing.
When asked, D. Barnes said 72 Scotch Bush Road is served by public water; 70 Scotch Bush Road will be connected as soon as weather permits.
J. Gibney read a note from the Schenectady County Department of Planning Zoning Coordination Referral which states: The Schenectady County Department of Economic Development and Planning approves of the proposal. Notwithstanding the above, consideration should be given to locating limits of the septic systems on the plans. P. Borisenko said this has been done.
With no one wishing to speak further regarding this application, the public hearing was closed.
MOTION
In the matter of the final subdivision application by Donald Barnes and Keira Scott for a two-lot subdivision located at 70 and 72 Scotch Bush 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: T. Bodden Seconded: W. Pryne
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
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March 9, 2009
Page 7
MOTION
In the matter of the minor subdivision application by Donald Barnes and Keira Scott for a two–lot subdivision located at 70 and 72 Scotch Bush Road, the Planning and Zoning Commission hereby conditionally 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.
· Logical arrangement, location and width of streets.
· 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.
· Adequacy of lot sizes to achieve the above.
Conditions of Approval:
1. The applicant agrees to close the northernmost driveway curbcut on the northern lot.
2. All building permits are to be on hand during demolition of the existing barn and any construction.
3. The barn is to be removed.
4. The house on the southern lot is to be connected to public water.
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 fact that no new lot is being created, the imposition of an in-lieu-of recreation fee is waived.
Motion: T. Bodden Seconded: W. Pryne
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
5. John and Samantha Stephens Minor (4-lot) Subdivision
Swaggertown Road and Bolt Road Final (Public Hearing)
This application calls for the reconfiguration of a previously-proposed subdivision of a 52+ acre parcel on the northwest corner of Swaggertown Road and Bolt Road. The result of this subdivision would be the creation of a 3.1-acre parcel on which a home is currently being built, as well as two new building lots consisting of 2.24 acres and 2.14 acres. The remaining 44.66-acre parent parcel is not being targeted for
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March 9, 2009
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development at this time. The project site is zoned Rural Residential/Agricultural.
Mr. Stephens was present to answer any questions the public or Commission might have. He said that per the Commission’s request, a letter of intent towards the remaining 44+ acres and a revised 100’ buffer for the existing stream have been submitted.
Discussion ensued regarding the drainage and water sheeting on Bolt Road on days of heavy rains. K. Corcoran and P. Borisenko observed the flooding earlier in the day. Mr. Stephens said it occurs several times a year, during fast melts or excessive downpours. The concern is how the applicant will accommodate driveways when this fast moving water from the north side of Bolt Road flows. The existing culvert is not adequate to handle the current conditions. P. Borisenko said the two lots were not under water, but Schenectady County DPW will want input on the driveways and erosion control, as both Bolt Road and Swaggertown Road are county roads. S. Marsh asked if a note should be added to the map stating that the driveway access must be engineered according to County Engineering or DPW so the impact is
not made worse. P. Borisenko suggested conditioning any subdivision approval on the County preparing an adequate solution for this issue. S. Marsh also stated it is the responsibility of the Planning and Zoning Commission to see that adjacent properties are not negatively impacted by this subdivision or problems are not created for the Town or the County. P. Borisenko said it may be wise to have a plan up front.
M. Storti then opened the public hearing.
J. Gibney read comments from the county referral as follows:
The Schenectady County Department of Economic Development recommends that the Town consider requiring a more substantial buffer from the wetlands than the 15’ proposed for the house on lot A. A note should be placed on the plat and in the deeds regarding the wetlands and the future development limits they may impose. A note should also be placed on the plat notifying prospective owners that they are purchasing property that is adjoining an active farm in an Agricultural District and that farming activities occur that may include, but not be limited to, activities that cause noise, dust and odors. The Town should be aware that any further subdivision of the remaining lands may constitute a Realty Subdivision per NYS Public Health Law and Environmental Conservation Law.
With no one wishing to speak further regarding this application, the public hearing was then closed.
MOTION
In the matter of the subdivision application by John and Samantha Stephens, for a four-lot subdivision located at Bolt Road and Swaggertown 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: S. Marsh Seconded: J. Gibney
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
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March 9, 2009
Page 9
MOTION
In the matter of the final minor subdivision application by John and Samantha Stephens for a four–lot subdivision located at Bolt Road and Swaggertown Road, the Planning and Zoning Commission hereby conditionally 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.
· Logical arrangement, location and width of streets.
· 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.
· Adequacy of lot sizes to achieve the above.
Conditions of Approval:
1. Schenectady County is to review and approve engineered access from the county road to the property so that driveways do not worsen flooding in the area.
2. A note is to be placed on the plat and in the deeds regarding the wetlands and the future development limits they may impose.
3. A note should also be placed on the plat notifying prospective owners that they are purchasing property that is adjoining an active farm in an Agricultural District and that farming activities occur that may include, but not be limited to, activities that cause noise, dust and odors.
4. Subdivision approval is dependent upon review and approval by the county.
5. A note is to be added to the plan regarding a no clear stream buffer zone, stating: As a condition of approval of this subdivision, a no clear stream buffer zone is to be established within 100 feet of the top of the stream bank. Within this no clear stream buffer zone, there shall be no grading, construction, vegetation and tree removal, or site alterations of any kind, except that which is necessary to allow the removal of dead, dying, and diseased trees, as well as any trees or vegetation that pose a threat to health and safety.
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, and/or the physical constraints of this particular site, 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 $3,000.
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March 9, 2009
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Motion: S. Marsh Seconded: W. Pryne
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
7. Thomas Loehr – T & T Landscape Supply Co. Site Plan Review
6984 Amsterdam Road (NYS ROUTE 5) Preliminary
The applicant has proposed the establishment of a retail landscape supply business for the sale of mulch, topsoil, sand, stone, etc. The 1.49 +/- acre parcel is located on the north side of Route 5 approximately 2150 feet east of Wolf Hollow Road. The property is within a General Business zoning district.
Thomas Loehr and Thomas Loehr Jr. were present to address the Commission. T. Loehr stated the driveway has been changed to conform to proper setbacks, and parking, greenspace and landscaping have been shown on the drawing. There is a water tank for dust control, which is filled by the private well on site. There are no public bathrooms. There will be a series of bins to hold the materials, like decorative landscaping stone and mulch. This retail operation will be totally outside. He also said no chemicals will be stored on the premises.
J. Gibney read comments from the County as follows: The Schenectady County Department of Economic Development and Planning approves of the proposal contingent upon the provision of an adequate landscaped buffer to screen the use from the adjoining single family residence. Notwithstanding the above, the existing driveway should be reviewed to determine if it is adequately sized to accommodate the expanded use.
P. Borisenko said there is an adequate tree buffer now, some of which are on the neighbor’s property. J. Gibney asked to have the trees shown on the plan. Mr. Loehr stated there is a dead tree that will be removed. He will install 8’ stockade fencing for a buffer and security. The driveway will be 6” dust free gravel, with the heaviest load expected to be a tandem dump truck weighing about 17,000 pounds and able to carry 18 tons of material.
J. Gibney asked if there are any drainage issues, and T. Loehr Jr. said any water runoff flows directly into the ground; the access road is already in. He also said the project will have a gated entrance and discussion followed regarding the advisability to move the 8’ fence back from the road, or step it down to 4’ to avoid sight distance issues. He provided photos of the property. T. Bodden asked if the piles of material would exceed 8’ high. T. Loehr Jr. also said sign details have been proposed.
P. Borisenko said there is an existing approval (1989) for a plumbing shop/contractor’s yard.
T. Loehr asked if he could add crusher run to the driveway before final approval, and P. Borisenko said that could be allowed.
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March 9, 2009
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MOTION
In the matter of the preliminary site plan review application by T & T Landscape Supply Co. for a retail landscape supply business, located at 6984 Amsterdam Road, NYS Route 5, the Planning and Zoning Commission hereby conditionally approves the application.
Conditions of preliminary approval are as follows:
1. Applicant is to add a list of specific materials that will be stored on the premises to the map.
2. Applicant agrees there will be no open storage of pesticides or chemicals for retail purposes.
3. A chain link gate is to be noted or shown on the map.
4. Applicant agrees to step fence down to 4’ at the road or hold back the fence so as to not impact sight distance.
5. Applicant agrees that all present trees on the border between the property and the single- family neighboring property will remain.
6. It is to be stated on the map that the property is located in Zone 3 (General Recharge Zone of the Great Flats Aquifer) and the proposed use is an allowable use in Zone 3.
The Commission hereby schedules a public hearing for April 13, 2009 to consider the final site plan review application for this particular project. However, in order for the Commission to schedule a public hearing for April 13th, 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: T. Bodden Seconded: W. Pryne
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
7. Glenville Fire Training Facility Site Plan Review
Vley Road and Vley Road Extension Preliminary
This project involves the construction of a public safety training facility on a town-owned 11.9-acre parcel located north and northwest of the intersection of Vley Road and NYS Route 5.
Tom Bates, John M. McDonald Engineering, represented the applicant; David Hennessey was also present to address the Commission. T. Bates briefly described the project. He said water line concerns and maintenance access have been addressed per an e-mailed letter from DPW Superintendent Richard LeClair to Mr. Bates stating that review was done of requested changes and all changes have been agreed upon. A copy of this e-mail is attached to and made part of these minutes.
T. Bates also addressed concerns stated by Town Planner I Michael Burns, by moving the stormwater detention system from Zone 2 to Zone 3. This is the primary change from the original submission by
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March 9, 2009
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Saratoga Associates. Phase I will be the evoc pad and burn building. The evoc course is for driving training for police and fire officials. The Stormwatwer Pollution Prevention Plan is essentially an addendum to the SWPPP which was done by Saratoga Associates, covers Phase I of the project, and has been delivered to James MacFarland earlier today.
M. Burns letter recommended the demolition and erosion control plan be updated to reflect the current phasing plan, and it is included with the SWPPP. There is no change regarding the materials that will be used on the site, and the planting plan will re-utilize existing screening in front of the site. This is shown on the newly submitted drawings.
K. Corcoran said the amended SWPPP will go to David Mosher for review and he anticipates the review will be completed by the April Planning and Zoning Commission meeting.
Mr. Hennessey questioned the need for another public hearing; M. Storti explained this is the site plan review process and a public hearing is required.
M. Storti noted concerns brought forth at the agenda meeting as:
Ø Public works need 15’ from the center of Old Vley Road for access to the 24” water main.
Ø Water line needs to be properly located on the map.
Ø Need review of the specific location of the line for the Zone II/Zone III designation.
Ø SWPP has not yet been completed.
These issues have been addressed.
A member of the audience asked if these updated documents would be available for review by the public and M. Storti assured him the maps and changes would be available in the Planning Department 14 days prior to the next PZC meeting. He was also advised he is welcome to attend the agenda meeting scheduled for one week prior to the April 13th meeting.
MOTION
In the matter of the preliminary site plan review application by the Glenville Fire Training Facility for a public safety training facility, located at Vley Road and Vley Road Extension, the Planning and Zoning Commission hereby conditionally approves the application.
Conditions of preliminary approval are as follows:
1. The Stormwater Pollution Prevention Plan will be included with amended documents filed with the Town.
The Commission hereby schedules a public hearing for April 13th, 2009 to consider the final site plan review application for this particular project. However, in order for the Commission to schedule a public hearing for April 13, 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.
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Motion: S. Marsh Seconded: T. Bodden
Vote: Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED
The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, April 13, 2009. The agenda meeting will be held on Monday, April 6, 2009. With no further items on the agenda, the meeting was adjourned at 9:15 p.m.
Submitted by Chris Flanders, Stenographer: Filed with Linda Neals, Town Clerk:
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