Town of Glenville
Planning and Zoning Commission
Monday, September 13, 2010
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302
Present: Jim Gibney, Joe Tassone, Mark Storti, Michael Carr, Tom Bodden, Cindy Gotobed and Steve Marsh
Also Attending: Paul Borisenko, Building Inspector, Kevin Corcoran, Planning Department, Margaret Huff, Town Attorney, and Chris Flanders, Recording Secretary
1. Approval of the agenda
Motion: T. Bodden Seconded: C. Gotobed
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
2. Approval of the minutes of the August 9, 2010 meeting
Motion: M. Storti Seconded: J. Gibney
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
3. Morris Strauss Site Plan Review
19 Glenridge Road Final (Public Hearing)
The applicant is seeking Site Plan approval to construct a 4,992 square foot retail/office building at the existing Towne Center Plaza. The property is located on the north side of Glenridge Road, opposite the Glenville branch of the Schenectady County Library. This parcel is zoned General Business and is within the Town Center Overlay district.
Mr. Strauss and his engineer, Eric Holt, were present to address the Commission. M. Strauss said he is proposing a 5,000 square foot office building and has complied with the request for stormwater calculations.
E. Holt said stormwater information was submitted to Dana Gilgore, Engineering Department, and correspondence is going back and forth between Mr. Gilgore and the Department of Environmental Conservation. The designed system will easily take all the flow created.
P. Borisenko stated he spoke with D. Gilgore regarding this application. The applicant was asked if he would commit to comply with NYS DEC stormwater regulations and the applicant
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September 13, 2010
Page 2
agreed. Although the plan is required to treat 25% of the stormwater volume created by the new structure, this plan will address 100% of the stormwater.
M. Carr then opened the public hearing. With no one wishing to speak, the public hearing was closed.
MOTION
In the matter of the final site plan review application by Morris Strauss to construct a 4,992 square foot retail/office building at the existing Towne Center Plaza located at 19 Glenridge Road, the Planning and Zoning Commission hereby conditionally approves the application, specifically site plan entitled Proposed 4992 square foot retail building, 19 Glenridge Road, Town of Glenville, Schenectady County, Applicant: Morris Strauss, dated May 3, 2010, revision date August 19, 2010. 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 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 protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.
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Conditions of Approval:
1. The applicant must comply with NYSDEC stormwater rules and regulations and town engineering requests.
2. It is noted that the submitted plan indicates treatment of 100% of the stormwater volume.
Motion: M. Storti Seconded: T. Bodden
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
4. Richard J. DiCresce, Jr. Site Plan Review
178 Freemans Bridge Road and Conditional Use Permit Final (Public Hearing)
This application calls for the construction of a 40’ x 60’ pole barn structure which would be used for automobile inspections. The property is located on the east side of Freemans Bridge Road, opposite Oliver’s Café. The property is zoned General Business.
R. DiCresce was present to answer any questions the Board may have.
M. Carr said the items the Commission discussed at the agenda meeting included that the applicant did receive his conditional use permit from the Zoning Board of Appeals to operate a NYS inspection service facility. The Commission also wants the applicant to be absolutely aware and clear that under no circumstances may the applicant perform any repairs. Mr. DiCresce agreed. M. Carr also noted that the application and maps refer to the words repair shop. This must be removed or amended as there will be no repairs done at this facility.
M. Carr then opened the hearing to the public. With no one wishing to speak regarding this application, the public hearing was closed.
MOTION
In the matter of the final site plan review application by Richard J. DiCresce, Jr. for the construction of a 40’ x 60’ pole barn structure to be used for automobile inspections 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.
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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 demonstrate adequate provisions for the collection and/or disposal of storm water, sanitary waste, and garbage.
6. The proposed use will allow for adequate on-site snow plowing and snow storage.
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 applicant acknowledges that under no circumstances may the applicant perform any repairs.
2. The applicant is to strike the words and reference to ‘repair shop’ from the application, map and
any other reference materials.
Motion: M. Storti Seconded: J. Gibney
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
5. Thomas J. Pai Site Plan Review
126 Saratoga Road Final (Public Hearing)
The applicant is asking to expand two parking areas; one in the front yard of the existing professional building and the other in the rear yard. Several variances were granted for this proposal. The property, located on the southeast corner of Route 50 and Rudy Chase Drive, is zoned Community Business.
Mr. Pai was present to address any questions the Commission may have. He said his plan is updated with all landscaping requirements.
M. Carr noted there were many variances granted by the Zoning Board of Appeals. He said two imperative items discussed at the agenda meeting were 1) the applicant must comply with the conditions imposed by the ZBA, and 2) the landscaping must be completed within 60 days of approval.
With no comments from the Commission, M. Carr opened the public hearing. No one wished to speak regarding this application and the public hearing was closed.
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S. Marsh clarified that with the variances granted, there is leeway for what the code says, but up to that point only, and not beyond that point. He asked the applicant if he intended to comply with what was granted and not exceed what was granted. Mr. Pai answered yes. S. Marsh asked if the applicant understands that the landscaping must be completed within 60 days, and Mr. Pai indicated that he does.
MOTION
In the matter of the final site plan review application by Thomas Pai for expanded areas of parking, one in the front yard of the existing professional building and the other in the rear yard, and noting that several variances were granted for this proposal for the property located at 126 Saratoga Road, the Planning and Zoning Commission hereby approves the application as shown on map known as Site Plan 126 Saratoga Road, 09-8-24, dated 9-10-10, rev. 7/30/10. 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 placement, arrangement, size, and design of buildings, lighting, and signs.
4. 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.
5. The proposed use will allow for adequate on-site snow plowing and snow storage.
Conditions of Approval:
1. Applicant must comply with the conditions of the Zoning Board of Appeals as stated.
2. Landscaping must be completed within 60 days of approval.
Motion: M. Storti Seconded: C. Gotobed
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
6. Baptist Health Site Plan Review and
7 Swaggertown Road Minor (two-lot) Subdivision
Final
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Baptist Health is proposing to construct the first phase of their five-phase, multi-year project. The first phase includes a 67-unit, 72-bed assisted living nursing facility. The two-lot subdivision would separate out an 8.87-acre building lot from the 48-acre parcel for the assisted living building. Phase 1 also includes parking, infrastructure, the boulevard entrance road and a storm water basin designed to accommodate this phase. The property is zoned Mixed Use Planned Development.
Tony Alotta, Baptist Health, said the applicant is seeking approval for the first of five phases of the proposed project on Swaggertown Road. The application was in front of the GECC and PZC, and received a negative declaration from each. He said a public hearing was held, and the applicant has responded to the residents and addressed concerns from the Board. He is now seeking site plan and subdivision approval.
M. Carr noted for the record that the applicant’s engineers have been working with town staff and the Commission is of the opinion that the proposal is in good shape. Requested or noted issues discussed at the agenda meeting were:
1. Applicant will perform potable water quality testing on homes along Swaggertown Rd. and Horstman Dr. west and east of Swaggertown Rd.; certified letters will be sent to homeowners; cost of this testing will be at the cost of the applicant
2. Applicant will add a stormwater retention basin monitoring program to site plan; the applicant has agreed to this
3. Noise analysis has been completed to the satisfaction of the Town and
4. Letter from Fire Chief has been received, giving Fire Department approval.
MOTION
In the matter of the final minor subdivision application by Baptist Health for a two-lot subdivision located at 7 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.
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Conditions of Approval:
1. Applicant will perform potable water quality testing on homes along Swaggertown Rd. and Horstman Dr. west and east of Swaggertown Rd.; certified letters will be sent to homeowners; cost of this testing will be at the expense of the applicant
2. Applicant will add a stormwater retention basin monitoring program to site plan; the applicant has agreed to this
3. It is noted that noise analysis has been completed to the satisfaction of the Town and
4. A letter from the local Fire Chief has been received, giving Fire Department approval.
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.
Discussion followed regarding what would happen if water pollution is found. It was noted that if the ground water is impacted, the Department of Health and DEC would become involved. Attorney Huff stated that all the applicant is committing to is testing, not liability.
Motion: M. Storti Seconded: T. Bodden
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
P. Borisenko stated that Mr. Paul Kenny, a resident and property owner in the immediate neighborhood, has submitted comments about the retention pond; its size and water treatment. In the letter he asks if the section in the code regarding the pond is a standard or a guide. DEC maintains it is a guide, meaning non-mandatory. Chairman Carr stated DEC often attach guidance memoranda so it is a gray area, not cut and dried. There are State groundwater standards, but if there is not enough scientific data to support a standard, the State offers guides.
P. Borisenko noted that the Baptist Health engineering firm is willing to warrant the retention pond for one year.
K. Corcoran noted there are still some details being fine-tuned for the off-site sewer line location and provisions for hook-ups for residents along the route for both water and sewer; the task for PZC is to ensure that water and sewers are provided. He added that it may be wise to condition this to the approval of the Department of Public Works Commissioner for off-site infrastructure
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improvements and the Town Board for water and sewer.
T Bodden asked if the handling of the retention pond is varying from other ponds in subdivisions across town. P. Borisenko said he believes that such scrutiny has never been put on any other pond with such a thorough investigation. T. Bodden said P. Romano had implied at an earlier meeting that it is actually over-designed, which is a good thing. He asked if, on a comparison basis, this has been held to a higher standard. P. Borisenko stated that DEC was brought into meetings with the engineers to go over each detail; he felt it was a diligent and good review.
MOTION
In the matter of the final site plan review application by Baptist Health for a 67-unit, 72-bed assisted living nursing facility, which is Phase I of five phases of a multi-year project, located at
7 Swaggertown 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.
7. The proposed use will allow for adequate on-site snow plowing and snow storage.
8. 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.
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9. The proposed use does retain existing trees and vegetation for aesthetic reasons, and minimize soil erosion and siltation.
10. The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.
Conditions of Approval:
1. Applicant will perform potable water quality testing on homes along Swaggertown Rd. and Horstman Dr. west and east of Swaggertown Rd.; certified letters will be sent to homeowners; cost of this testing will be at the expense of the applicant
2. Applicant will add a storm water retention basin monitoring program to site plan; the applicant has agreed to this; this monitoring will be for a minimum period of one year; this is at the cost of the applicant
3. If changes do occur to the next phases, the applicant must appear before the Planning and Zoning Commission to revisit the application
4. Approval of stormwater conditions and sewer and water must be obtained from the Department of Public Works Commissioner and the Town Board for the extension or creation of water and sewer
5. The Commission appreciates the input of Mr. Kenny and requests the applicant review his letter and give him the courtesy of a response.
Motion: M. Storti Seconded: J. Gibney
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
7. Shaun M. Cole Minor (2-lot) Subdivision
218 Droms Road Preliminary
This proposed subdivision would create a 1.12 +/- acre residential building lot from the existing 32 acre parent parcel. The property is located on the west side of Droms Road, just south of Onderdonk Road. The property is zoned Suburban Residential.
Surveyor Ray Koch represented the applicant. He said the application had gone before the GECC and that Commission asked for verification of the wetlands. Karl Parker, of DEC, has approved the location of the wetlands on the map and the location of the house, driveway and Wisconsin mound septic system is demonstrated.
M. Carr said the wetland issue has been addressed satisfactorily.
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MOTION
In the matter of the subdivision application by Shaun Cole, for a minor, two-lot subdivision located at 218 Droms 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: T. Bodden
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
In the matter of the preliminary minor subdivision application by Shaun Cole for a two-lot subdivision located at 218 Droms Road, the Planning and Zoning Commission hereby approves the preliminary application.
The Commission hereby schedules a public hearing for October 11, 2010 to consider the final minor subdivision application.
P. Huff asked if it was necessary for the applicant to indicate what he has planned for the remaining acreage. K. Corcoran stated because the parent parcel has a house already built on it, no letter is needed; it is self regulated.
Motion: M. Storti Seconded: J. Gibney
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
8. Thomas Pai Minor (4-lot) Subdivision
3 Snake Hill Road (Preliminary)
This proposal calls for the subdivision of a 14.39-acre parcel into four (4) residential building lots. This proposal has been reconfigured to eliminate the need for any area variances. The property is located within a Rural Residential/Agricultural zoning district.
Luigi Palleschi, ABD Engineering, represented Mr. Pai. He said the variances requested for the original application for a 4-lot subdivision were denied. The lots have been reconfigured in this application and no variances will be required.
M. Carr stated for the record that the first application was denied because the property was able to be subdivided without the need for variances, as proven by this application.
M. Carr listed the issues as discussed at the agenda meeting regarding this application are: 1. the applicant needs to provide proof of necessary real estate transactions as shown on the site plan, and 2. the applicant must remove lot designation from the previous subdivision to eliminate any confusion on the site plan.
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L. Palleschi said the Venditti transaction is complete and copies of the deed have been provided. The Bellamy land swap is in process.
J. Gibney said the concern is if the Bellamy transaction doesn’t happen, a landlocked property is created. This needs to be resolved. L. Palleschi said Mr. Bellamy wants to buy the strip of land adjacent to his own land which is indicated on the map, but if that sale does not go through for any reason, the proposed lot lines would be extended and would increase the size of the those lots.
M. Carr stated the Commission appreciates the applicant submitting an application that does not require variances.
MOTION
In the matter of the subdivision application by Thomas Pai, for a four-lot subdivision, located at 3 Snake Hill 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: 7 Noes: 0 Absent: 0
MOTION CARRIED
In the matter of the preliminary minor subdivision application by Thomas Pai for a four-lot subdivision located at 3 Snake Hill Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.
Conditions of preliminary subdivision approval are as follows:
1. The applicant needs to provide proof of necessary real estate transactions, as shown on the site plan, specifically the Bellamy transaction. It is noted that the Venditti transaction is verified by a copy of the warranty deed.
2. The applicant must remove lot designation from the previous subdivision to eliminate any confusion on the site plan.
S. Marsh asked if the approval should reflect the need of raised-bed septic systems. P. Borisenko said the soil conditions dictate the type of system used, and Schenectady County Health must approve the system.
The commission hereby schedules a public hearing for October 11, 2010 to consider the final minor subdivision application. However, in order for the Commission to schedule a public hearing for October 11th, 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.
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Motion: M. Storti Seconded: S. Marsh
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
J. Gibney read the following comment from the Schenectady County Department of Economic Development and Planning zoning coordination referral: The Schenectady County Department of Economic Development and Planning approves of the proposal contingent upon County Department of Engineering and Public Works approval for work within the County Highway right-of-way.
9. Estate of Laura M. Gower Minor (3-lot) Subdivision
58 Bruce Drive (Preliminary)
The applicant is seeking to create three (3) lots from the 10.92 +/- acre parent parcel. All lots have access to public water and sanitary sewer. The property is zoned Suburban Residential.
Donald Gower, Leonard Gower, and surveyor Art Carpenter were present to address the Commission. D. Gower explained there are two 10 ft. lot-line changes on existing lots shown on map, as well.
M. Carr stated that the applicants request to waive the recreation fee was taken under consideration. The Commission feels the request to forego the recreation fees is unrelated to the License Agreement between Edward Gower and the Town of Glenville and after consulting counsel, will not accommodate the request to eliminate the required recreation fees. Mr. Gower thanked the Commission for considering his request.
M. Carr said the application is in conformance and appears straight forward.
MOTION
In the matter of the preliminary subdivision application by the Estate of Laura Gower, for a minor 3-lot subdivision located at 58 Bruce 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. Storti Seconded: J. Gibney
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
In the matter of the preliminary minor subdivision application by the Estate of Laura Gower for a minor three-lot subdivision located at 58 Bruce Drive, the Planning and Zoning Commission hereby approves the preliminary application.
The Commission hereby schedules a public hearing for October 11, 2010 to consider the final minor subdivision application.
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Motion: M. Storti Seconded: J. Tassone
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
10. Town of Glenville Christiana Property
16 Onderdonk Road Development Plan –
SEQRA Recommendation
to the Town Board
This item involves adoption of a development plan for two town-owned parcels, formerly owned by Jeffrey Christiana. The plan for these 48 acres includes the establishment of a pull-off “eyebrow” parking lot for five cars on Onderdonk Road and the creation of 3,760 feet of hiking trails.
K. Corcoran addressed the Commission regarding this proposal.
M. Carr said the Commission discussed this item thoroughly at the agenda meeting and fully supports the plan.
MOTION
In the matter of the proposal for adoption of a development plan for two town-owned parcels formerly owned by Jeffrey Christiana to establish a parking lot for five cars on Onderdonk Road and the creation of 3,760 feet of hiking trails, the Planning and Zoning Commission feels this is an excellent use for this property and vigorously supports this action and recommends the Town Board issue a negative declaration.
Motion: M. Carr Seconded: T. Bodden
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
The last item from the agenda meeting was to consider Chris Myers’ request to extend the site plan approval for Yates Farm for a period of two years. Attorney Huff stated the reason this is being requested is because the original expiration date was October 13, 2008, requiring the applicant to commence construction within two years.
MOTION
The Planning and Zoning Commission feels that under the current economic conditions, the applicant may have an additional two (2) years, expiring October 12, 2012, with the following conditions:
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- The applicant must clean up and maintain the property until construction commences.
- There will be no changes in the existing, previously approved site plan.
Motion: M. Carr Seconded: S. Marsh
Vote: Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED
It is noted that there were several Alplaus residents in the audience who voiced concern about the condition of the Yates Farm property and its maintenance. Chairman Carr stated that the conditions imposed will be enforced by the Building Department, and the property will be cleaned up and must remain cleaned up.
With no further items on the agenda, the meeting was adjourned at 8:40 p.m. The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, October 11, 2010. The agenda meeting will be held on Monday, October 4, 2010.
Submitted by Chris Flanders, Stenographer: Filed with Linda Neals, Town Clerk:
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