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August 10
Town of Glenville
Planning and Zoning Commission
Monday, August 10, 2009
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Jim Gibney, Mark Storti, Tom Bodden, Walt Pryne, Steve Marsh, and Cindy Gotobed

Excused:        Mike Carr

Also Attending: Paul Borisenko, Building Inspector, Michael Burns, Town Planner I, Margaret Huff, Town Attorney, and Chris Flanders, Recording Secretary

1.      Approval of the minutes of the July 13th, 2009 meeting

Motion:  J. Gibney      Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

2.  Angelo A. Iuliano                                                   Minor (2-lot) Subdivision
    16 Berkley Road                                                    Final (Public Hearing)

This proposal involves the subdivision of an existing 51,453 sq. ft. parcel into two lots; one parcel would consist of 27,204 sq. ft. and contain the existing single-family home and improvements; the second 24,249 sq. ft. parcel would be sold as a building lot.  Two area variances are being requested for insufficient frontage.  The property is located within a Suburban Residential zoning district.

Elliott Fishman, Santo Associates, was present to address the Commission and any residents with questions.  He briefly described the project, saying that Mr. Iuliano purchased the original property, lot # 610, in 1957, and three years later, bought the adjacent lot.  They were combined for tax purposes, and now the applicant wishes to change the lots back to the original configuration of 1957.  The applicant has received required variances from the Zoning Board of Appeals.  The existing septic system is wholly located on lot #610, and a new septic system has been designed to be wholly on the new lot.

M. Storti opened the hearing to the public.  With no one wishing to speak, the public hearing was then closed.

M. Storti then read a comment received from a neighbor which is attached and made part of this record.  The e-mail stated that the neighbor would prefer to see the lot remain as it is presently.

M. Storti stated that the Commission looked at this proposal at the agenda meeting, and as requested, the existing septic system is now shown on the subdivision map and required variances have been granted.  He added that the Commission looked at how the proposal relates to the existing

Planning & Zoning Minutes
August 10, 2009
Page 2

neighborhood, and the findings are that it would relate well.  M. Storti also noted that a SEQRA determination was done at the July meeting, finding no negative environmental impact from this subdivision.

MOTION

In the matter of the final minor subdivision application by Angelo Iuliano for a two – lot subdivision located at 16 Berkley Road, the Planning and Zoning Commission hereby approves the application.  The Commission’s decision is based upon the following findings:

The proposed use takes into consideration the relationship of this project to the neighborhood and the community, and the best use of the land being subdivided.  Factors considered include:

·       Compliance with the requirements of the Zoning Ordinance and the policies of the Comprehensive Plan.
·       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:  None

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 proximity of existing recreation/park facilities, 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 $1,000.

Motion:  S. Marsh       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


3.  Beth Hart                                                           Minor (2-lot) Subdivision
    Hart Road                                                          Final (Public Hearing)

This proposed subdivision would divide an existing 113+/- acre parcel into two lots, one 63 +/- acres and the second 50 +/- acres.  The property is located within a Rural Residential/Agricultural zoning district.

Planning & Zoning Minutes
August 10, 2009
Page 3

Mr. Harry Hart was present to address the Commission.  He provided updated copies of the subdivision map with the requested agricultural statement added, and a copy of the agricultural data statement, per the request of Schenectady County Planning and Economic Development Department.

M. Storti opened the public hearing.  With no one wishing to speak, M. Storti then closed the public hearing.

When asked, Michael Burns said that the statement and maps were not submitted previously, but the Planning Department would review them.  A brief discussion followed regarding the ‘municipal officer’ signature and M. Burns indicated he would review who should sign the data statement as well as its content.  J. Gibney commented that the Planning Department has not had an opportunity to look at the plans just submitted, and M. Burns stated that the statements required by PZC and GECC have been added to the subdivision map and they appeared to be satisfactory.  

T. Bodden stated that any motion should reflect that there will be no further subdivision of this property within an 18-month time period and P. Huff noted that the applicant will need to get copies signed by the surveyor for final PZC approval signatures.

It is noted that a SEQRA determination finding no negative environmental impact was completed at the July PZC meeting.

MOTION

In the matter of the final minor subdivision application by Beth Hart for a two – lot subdivision for property located on Hart 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.  Delivery and receipt by the Town of Glenville of a sealed and signed map by the land surveyor.
2.  The property shall not be further subdivided within a period of 18 months.
3.  The applicant must submit the Agricultural Data Statement to the County Planning Commission with a copy to the Town of Glenville.

Planning & Zoning Minutes
August 10, 2009
Page 4

Further, this Commission finds that a proper case exists for requiring the applicant to provide suitable land for park or playground purposes.  The need for additional park and recreation facilities has been documented in the Comprehensive Plan, in addition to having been identified by both the Glenville Park Planning Committee and the Community Center Planning Committee.  However, due to the small number of lots in this particular subdivision, this Commission finds that the imposition of an in-lieu-of fee is more appropriate than land dedication for this particular subdivision.  The recreation fee to be levied is $1,000.00 per new lot.  In this case, the applicant is hereby required to pay a fee of $1,000.

Motion:  S. Marsh       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


4.  Sitterly Road Realty, LLC/Stephen Weekes                    Site Plan Review
    160 Saratoga Road                                          Final (Public Hearing)

The applicant is seeking site plan approval for retail use for the existing vacant barn located behind the car wash at 160 Saratoga Road (NYS Route 50), opposite Oak Hill Drive.  This property is located within a Community Business zoning district.

Mr. Weekes was present to address the Commission.  He reiterated that he wants to use the existing vacant barn behind his car wash for retail use.  He has shown sufficient parking on the site plan, a driveway to Rudy Chase Drive and agreed not to expand the size of the existing sign.

M. Storti opened the public hearing. With no one wishing to speak regarding this application, he then closed the public hearing.

J. Gibney remarked that the applicant did everything he has been asked, and P. Borisenko stated he was satisfied with the sign.

A SEQRA determination was made at the July PZC meeting, finding that there is no negative environmental impact in this proposal.

MOTION

In the matter of the final site plan review application by Stephen Weekes/Sitterly Road Realty, for use of an existing barn for retail purposes, located at 160 Saratoga Road, the Planning and Zoning Commission hereby 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

Planning & Zoning Minutes
August 10, 2009
Page 5

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 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.

Conditions of Approval:  None

Motion:  S. Marsh       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


5.  Nancy L. Shaw                                                       Minor (2-lot) Subdivision
    411 Swaggertown Road                                               PZC Lead Agency

Planning & Zoning Minutes
August 10, 2009
Page 6

The proposed subdivision would divide an existing 37.81 +/-acre parcel into two lots; one of 1.726 +/- acres, containing the existing single-family home and improvements. The remaining 36.084 +/- acres are vacant. There are no plans for further development at this time. The property is located within a Suburban Residential zoning district.

David Bogardus, Northeast Land Survey, represented the applicant, Nancy Shaw, who was also present.  Mr. Bogardus explained that Mrs. Shaw inherited the property and does not reside in the existing house.  She would like to sell the house with existing improvements and retain the remaining 36 acres.  This larger parcel contains DEC wetlands and a water course.  Development potential would be two building lots, on two knolls, to avoid involving the wetland; access would be from Beverly Court.  There are no plans to further subdivide at this time.

T. Bodden asked why the 60’ strip is shown on the map.  Discussion followed about driveway location and sight distance being a potential hazard, the possible need for a traffic study, and county issuance of driveway permits.  The ‘road’ is a dirt road for access to the rear of the parcel, or what would be the remaining 36 acres.  T. Bodden suggested the applicant abandon the strip and perhaps convey it to the potential buyer of the existing home.  He said it would make the application ‘cleaner’.  M. Storti asked D. Bogardus to discuss this suggestion with his client.

M. Storti noted that a letter from the applicant will be required stating no intention of further subdivision within the next 18 months.

J. Gibney commented that the GECC recommendations are on the subdivision map and the county referral has not yet been received.

MOTION

In the matter of the preliminary minor subdivision application by Nancy L. Shaw, for a two - lot subdivision, located at 411 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:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

In the matter of the preliminary minor subdivision application by Nancy L. Shaw for a two - lot subdivision located at 411 Swaggertown 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 provide a letter stating that there will be no further subdivision of the parcel within an 18-month time period.

Planning & Zoning Minutes
August 10, 2009
Page 7


The Commission hereby schedules a public hearing for September 14th, 2009 to consider the final minor subdivision application.  However, in order for the Commission to schedule a public hearing for September 14th, 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:  S. Marsh       Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

With no further items on the agenda, the meeting was adjourned at 7:50 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, September 14, 2009.  **Due to the holiday, the agenda meeting will be held on Tuesday, September 8, 2009.**  



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

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