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PZC Minutes 8-10-2015
Town of Glenville
Planning and Zoning Commission
Monday, August 10, 2015
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302         

Present:        Mike Carr, Pat Ragucci, Tom Bodden, Kurt Semon, and Tim Yosenick,

Excused:        Jim Gibney

Also Attending: Paul Borisenko, Building Inspector, Peg Huff, Town Attorney, and Chris Flanders, Recording Secretary

  • Approval of the Agenda
Motion:  T. Bodden     Seconded:  T. Yosenick
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

  Approval of the minutes of the July 13, 2015 meeting with correction, page 17, to read: Planning and Zoning Commission issues a negative declaration as part of SEQR motion for Oakfield Hospitality application.

Motion:  T. Bodden     Seconded:  T. Yosenick
Vote: Ayes:  4     Noes:  0       Absent:  1   Abstention:  1 (K. Semon/absent July meeting)
MOTION CARRIED


2.  Michael Cellini                                                     Site Plan Review (Final)
    2575 Johnson Road and Weatherwax Road                      Public Hearing  
                                                                        
This proposal calls for the establishment of a seasonal zip line adventure course on a 46.4-acre parcel.  Approximately three acres of wooded area is being earmarked for the course itself.  The proposal includes a parking lot for 30 cars, a 10’ x 20’ welcoming shed near the parking lot, a 10’ x 20’ seasonal tent and two seasonal portable toilets.  The property is zoned Rural Residential and Agricultural.    

M. Cellini was present to address the Commission.  He offered photos of an adventure course in Bolton Landing, Adirondack Extreme, to give an idea of how his course would look and stated as-built renderings will be submitted for filing when the course is complete.

Chairman Carr stated the following points made at the Planning and Zoning Commission agenda meeting: the property must be surveyed, boxes must be defined on the survey to definitively locate the area within which the course elements will be located, all items listed in the notice of Decision by the Zoning Board of Appeals will be completed and adhered to prior to any formal execution of final plans and the applicant may need to prepare a SWPPP if it is determined that the total disturbance exceeds one (1) acre.


Planning and Zoning Commission Minutes
August 10, 2015
Page 2

Chairman Carr then opened the public hearing for comments.

Attorney Andy Brick spoke on behalf of some of the neighboring residents.  He asked that correspondence he sent for the July Planning and Zoning Commission meeting be made part of these minutes.  The letter, received via fax, is attached to and made part of the August, 2015 minutes.

Mr. Brick is looking to have a landscaping plan and parking lot islands included in this proposal.  He asks any approvals be made after the survey of the property is submitted.

Jason Ambrosino, 855 Greens Corners Road, is in favor of ‘home grown businesses’ and spoke to the need for development, industry, and small business in Glenville.  

Adam Downs, 146 Haigh Road, said removing trees to enlarge the parking lot to accommodate landscape islands in the center just doesn’t make much sense.

Bob Van Flue, Waters Road, is concerned about safety, property values, and complying with the Comprehensive Plan.

Tom Bodden said he doesn’t see that home values will decrease.  

Stephen Helbling, Weatherwax Road, submitted a letter for the record which was received by e-mail just prior to this meeting.  This letter is attached to and made part of the August, 2015 minutes.

Jill Olsen, Waters Road, is concerned about noise and the character of the neighborhood being changed.

Hallie Beattie, West Glenville Road, is concerned that this proposal is a commercial business in a Rural Residential/Agricultural zone.

T. Bodden stated that it is not opinion, but the town Zoning Ordinance that allows the Commission to make decisions.  The Commission is not re-writing the law, but is governed by what is in that law.  

Robert Shepherd, Lovers Lane, asked about the noise abatement plan in the event the levels are too high.  Building Inspector Paul Borisenko explained decibel meter reading must be within the Zoning Ordinance criteria, and the town has enforcement procedures to follow.

Jill Olsen, Waters Road, said a letter from a local realtor was presented at the Zoning Board of Appeals meeting which indicated property values would be impacted by the presence of this adventure course.

With no one else wishing to speak, the public hearing was closed.






Planning and Zoning Commission Minutes
August 10, 2015
Page 3

Discussion followed regarding the need for landscape islands to be in compliance with site plan criteria.  P. Borisenko stated Mr. Cellini may be in compliance already with some of the landscaping requirements.

K. Semon asked if the applicant plans to subdivide the property per Mr. Brick’s statements, and Mr. Cellini said he has thought about it, but it is just speculation at this time.  There are no plans to subdivide now.

MOTION

Town of Glenville Planning & Zoning Commission
Mountain Ridge Adventure Zip Line Course
Final Site Plan Approval

Moved by:  M. Carr
Seconded by:  P. Ragucci

         Whereas, a site plan review and a conditional use permit application have been submitted by Michael Cellini to establish a zip line adventure course (“Mountain Ridge Adventure”) on the applicant’s property located at 2575 Johnson Road and Weatherwax Road (Tax Map # 7.-1-11) in the Town of Glenville; and

        Whereas, the Town of Glenville Planning & Zoning Commission (PZC), as lead agency pursuant to 6 NYCRR Part 617 (State Environmental Quality Review Act {SEQRA}), has issued a “Negative Declaration” for this action; and

        Whereas, in evaluating the final site plan review application submitted for the Mountain Ridge Adventure project, the PZC has reviewed the following information submitted for this application: 1) Site Plan Review (for new structures) application form  2) Conditional Use Permit application form  3) “Mountain Ridge Adventure Treetop Obstacle Course Master Plan”  4) Full Environmental Assessment Form  5) “Mountain Ridge Adventure Business Brief”  6) “Zoning Coordination Referral” from the Schenectady County Department of Economic Development and Planning  7) Noise Study for the Heavenly Mountain Resort Epic Discovery Project  8) Wetland Assessment by Copeland Environmental, LLC  9) “Mountain Ridge Adventure Traffic Study and Parking Lot Design”  10) Correspondence from the West Glenville Fire Department, NYSDEC Region IV, and the Schenectady County Department of Environmental Health; and

        Whereas, the PZC has also taken into account deliberations held during the Commission’s review of the preliminary and final site plan review application held at public meetings held on March 9, 2015, May 11, 2015, June 8, 2015, July 13 and August 10th, which included the required public hearing; as well as input received by staff of the Town’s Building, Planning and Engineering Departments, and correspondence received from the public;

        Whereas, The applicant has received Conditional Use Permit approval from the Zoning Board of Appeals on July 27, 2015 following the required public hearing,    


Planning and Zoning Commission Minutes
August 10, 2015
Page 4

        Now, therefore, be it resolved, that the Town of Glenville Planning and Zoning Commission hereby issues final site plan approval for the Mountain Ridge Adventure project; and

        Be it further resolved, in support of its decision, the Town of Glenville Planning and Zoning Commission finds the following relative to “Review factors” for site plan review, pursuant to Section 270-107 of the Code of the Town of Glenville:

  • The preliminary site plan for the Mountain Ridge Adventure course is in conformance with all other applicable provisions of the Town of Glenville Zoning Ordinance, including, but not limited to, off-street parking requirements, setbacks, erosion control measures, and the purpose of the “Rural Residential and Agricultural Zoning District,” which reads as follows: “To maintain low density residential and agricultural development in areas that are considered rural, and to accommodate outdoor recreation facilities and other land uses which are dependent on a rural setting.”
The site plan demonstrates adequate arrangement of vehicular access and circulation, noting that access and a gravel parking lot will be provided from/off Weatherwax Road, a gravel Town road off of Johnson Road, a rural County Road with low traffic volumes.  Existing low traffic volumes on Johnson Road allows for an abundance of excess capacity for expected users of the adventure course without concern for an appreciable degradation of the level-of-service on Johnson Road.  Schenectady County has requested, however, paving of the apron where Weatherwax Road meets Johnson Road, the cost and responsibility for which must be determined.  
Adequate provisions will be provided for pedestrians/users of the facility, via a path through the woods from the parking lot to the adventure course.  Aside from the necessary pedestrian connection between the parking lot and the adventure course, the rural location of the property negates the need for any pedestrian or bicyclist accommodations or safety improvements.
The location and setting of the proposed parking lot are suitable for the adventure course.  The parking lot will be located in an area that is screened and buffered by natural vegetation from nearby residences (nearest is 500+ feet from the proposed parking lot) and from motorists on Johnson Road.  
There are no proposed buildings or lighting for the adventure course.  The only structures will be temporary/seasonal, consisting of two small sheds, a tent, and two portable bathrooms.  The location and design of proposed signs have yet to be determined, but the applicant will comply with the sign design standards of the Town of Glenville Zoning Ordinance.
The need for landscaping elements for this proposal are minimal, because the adventure course itself is to be built within the trees, with minimal disturbance or removal of vegetation.  The proposed parking lot will be screened via natural vegetation that surrounds the parking lot.  Furthermore, the forested setting of the adventure course and parking lot, coupled with the very low density of housing in this area will minimize noise impacts, with the anticipated noise levels at the property line (53 dB(A)) being comparable to the ambient noise levels, which registered from 50 dB(A) to the mid-50s.     
Stormwater management needs will be minimal, as this proposal falls under the one-acre minimum disturbance threshold for compliance with the MS-4 storm water regulations.  Further, the surface of the proposed parking lot will be gravel, which will generate less runoff than would asphalt.  A siltation fence will be installed to the east of the parking lot to protect a federal wetland from any potential intrusion of silt as a result of parking lot construction.  
With the adventure course being a late spring/summer/early fall facility, snow plowing and snow storage will not be necessary for the proposed adventure course.  



Planning and Zoning Commission Minutes
August 10, 2015
Page 5

  • The heavily wooded project setting and relatively small footprint of the adventure course will not exacerbate any areas known to be highly susceptible to flooding, ponding, or erosion.
The proposed adventure course will retain existing trees and vegetation, with the exception of the removal of a select number of trees and vegetation to allow access to the various stations of the course.  The low impact of the course, combined with a small impact area for the parking lot will serve to minimize erosion and siltation.  
The low density of existing housing and the rural, wooded setting of the adventure course, will largely screen the project from adjacent properties relative to noise, glare, light pollution, litter and unsightliness.  The proposal is designed to complement a forested setting, thus by its nature, any objectionable features associated with the proposal will be minimal and localized to the project site.
  • The project will retain a very high percentage of open space, with the area for the course being dedicated to an outdoor recreation use.  The only loss of open space will be the ½ acre area dedicated to the parking lot on this 46+ acre property; and
Be it further resolved, that conditions of final site plan approval are as follows, all of which must be satisfied prior to signing of the Final Site Plan by the Chairperson of the Glenville Planning and Zoning Commission;

  • A detailed survey (metes and bounds) of the entire property must be submitted to the Town of Glenville Department of Economic Development and Planning;
  • A detailed survey (metes and bounds) of the adventure course area must be submitted to the Town of Glenville Department of Economic Development and Planning;
  • Permanent markers shall be placed at the four corners of the adventure course area;
  • Should total cumulative land disturbance associated with any aspect of construction exceed one (1) acre of disturbance, all construction shall immediately cease, the land shall be stabilized. Applicant shall then be responsible for development and submittal of a Stormwater Pollution Prevention Plan (SWPPP) to the Town of Glenville Department of Economic Development and Planning for review and approval.  Should the Town of Glenville Department of Economic Development and Planning require expert assistance with the review of the SWPPP, the application shall deposit a sum of money to be placed in escrow with the Town of Glenville to underwrite the cost of said review purposes;
  • As-built drawings of the final adventure course layout shall be submitted to the Town of Glenville Department of Economic Development and Planning following completion of construction;
  • Financial security in a form sufficient to Town of Glenville Counsel shall be made by the applicant to the Town of Glenville for removal of the adventure course apparatus should the business fail and owner not have resources for such removal, and
  • Applicant shall consider installation of informational kiosk(s) which explain the roll of the Glenville Hills for provision of high quality water and as a headwater area of the sole source aquifer known as the Great Flats Aquifer. Furthermore, consideration should be given to provision of information pertaining to the indigenous flora/fauna of the Glenville Hills for the education and benefit of guests visiting the adventure course.
A landscaping plan is to be submitted to the Town of Glenville Economic Development and Planning Department.




Planning and Zoning Commission Minutes
August 10, 2015
Page 6

Comments:  K. Semon stated he has visited both the proposal site and the Adirondack Extreme course and finds his concerns have been mitigated.  He believes this project “will work.”

Vote: Ayes:  5     Noes:  0      Absent:  1
MOTION CARRIED


3.  Todd Bush for 654 Saratoga Road, LLC                        Revised Site Plan Review
654 Saratoga Road       Preliminary) and Conditional Use Permit  

The applicant is seeking site plan and conditional use permit approval for the Pig ‘n Whistle at the Grove for the expansion of the outdoor patio area, establishment of an outside seasonal bar, expanded parking, and establishment of an outdoor stage/live music venue, all of which have occurred.  The Pig ‘n Whistle property is zoned “Community Business.”    

Todd Bush and Bob Flansburg, Dreamscapes Unlimited, were present to address the Commission.  Mr. Bush explained the area he has expanded is the area of pavers he put down for the bands.  He then built a low stage for the bands as pavers were too uneven for band equipment to be stable.  

Attorney Huff explained that any changes are considered expansion of the use, and need approval.

When asked, Mr. Bush said his hours of operation are to 12:00 or 1:00 a.m.  Bands play until 10:30 p.m.  M. Carr asked about the noise levels disturbing home owners on Paradowski Road.  Mr. Bush said the level measures 70-75 decibels at the edge of his property nearest Paradowski Road.  Chairman Carr asked that Mr. Bush be conscious of the negative noise impact on neighboring properties.  Mr. Bush stated he is considering changing the direction the band faces during their shows to decrease the noise level.  When asked, P. Borisenko said he has received complaints regarding noise from residents living near the business.

Parking has also varied from the originally approved application.  Parking on Route 50 has presented public safety issues on at least two occasions.  The original plan allows for 50 parking spaces, but patrons are allowed to park along the driveway and towards the rear.

Mr. Bush also said he wants to move the existing pavilion next spring because of weather conditions and to enable kitchen staff better access to customers utilizing the pavilion.

T. Bodden asked if everything that has changed or is going to change has been shown on the site plan, and Mr. Bush said yes.  M. Carr stated that Mr. Bush needs to know what his approvals include and do not include.  When asked, P. Borisenko said staff has looked at this plan and it does not appear that variances will be required by the ZBA.  The application needs to go before the Zoning Board of Appeals because the Conditional Use Permit has also been expanded.  ZBA will hold a public hearing, and upon their approval of the expanded Conditional Use Permit, the application will be returned to the Planning and Zoning Commission for consideration.

Discussion followed regarding the gravel parking area and addressing overflow parking needs.  A short paragraph is requested regarding the management plan that will be put in place in the event of overflow.  P. Borisenko will look at the need for landscaping islands in the lot.  



Planning and Zoning Commission Minutes
August 10, 2015
Page 7

MOTION

In the matter of the revised preliminary site plan review application by Todd Bush for expansion of previous approvals for the Pig ‘n Whistle at the Grove, located at 654 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. Carr     Seconded:  T. Bodden
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

MOTION
        
In the matter of the preliminary site plan review application by Todd Bush for expansion of previous approvals for the Pig ‘n Whistle at the Grove, located at 654 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

  • Applicant to provide brief description of overflow parking plan
  • Landscaping plan as required by Town Code
  • Applicant to consider alternative placement/musical direction for acoustics management to minimize negative impact on neighbors
  • Define parking details and specific number of parking spaces
  • Contingent upon obtaining expansion of existing Conditional Use Permit by Zoning Board of Appeals
The Commission hereby schedules a public hearing for September 14, 2015 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for September 14, 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:  M. Carr     Seconded:  T. Bodden
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

MOTION

In the matter of the conditional use permit application by Todd Bush for expansion of the outdoor patio area, establishment of an outside seasonal bar, expanded parking and establishment of an outdoor stage/live music venue, all of which have occurred, at the Pig ‘n Whistle at the Grove, located at 654 Saratoga Road, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application with conditions.   

The Commission’s findings in support of our recommendation are as follows:

Planning and Zoning Commission Minutes
August 10, 2015
Page 8

  • The establishment/operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare of the community.
  • The conditional use will not compromise the use and enjoyment of other property in the immediate vicinity, nor will it substantially diminish or impair property values within the neighborhood.
  • The conditional use will not hinder the normal and orderly development and improvement of surrounding properties.
  • The proposal does provide adequate utilities, access roads, drainage, and other necessary facilities to serve the conditional use.
  • The proposal does provide adequate measures for ingress and egress to the site, in such a manner as to minimize traffic congestion in the public streets; hence, the need for overflow parking plans.
  • The conditional use does, in all other respects, conform to the applicable rules, regulations, and ordinances of the Town, as well as the Town of Glenville Comprehensive Plan.
Recommended conditions of approval:

  • Applicant to prepare and submit overflow parking plan/course of action should an event potentially exceed the approved number of parking spaces
  • Applicant to submit landscape plan as necessary
  • Applicant is to consider alternative placement/musical layout to minimize potential negative impacts to adjacent neighbors
  • Parking details are to be defined on site plan, specifically number of parking spaces, any landscape islands required, and defining gravel area parking
        
Motion:  M. Carr     Seconded:  P. Ragucci
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

                        
4.  Brian Donovan for Personal Image Beauty Salon       Site Plan Review
     353 Saratoga Road  (Preliminary)
                        
                                                                        
This proposal calls for the establishment of a beauty salon in a portion of a building currently partially occupied by a chiropractic office.  The property, which is located on the northwest corner of Saratoga Road and Lee Road, is zoned “Professional/Residential.”  

Brian Donovan and his wife, hairstylist Laura Donovan, were present to address the Planning and Zoning Commission.  They own Personal Image Beauty Salon now located at 772 Saratoga Road in Burnt Hills.  Laura wants to move her business to her daughter’s property, a chiropractic office located at 353 Saratoga Road.  The salon would occupy one room and hallway with two chairs and sinks installed.  She plans on two clients at a time.

When asked about bathroom facilities, the applicant said there is one bathroom which would be shared with the chiropractic office.  It was suggested that as tenants, this agreement to share
Planning and Zoning Commission Minutes
August 10, 2015
Page 9

the restroom should be in writing in their lease.  The applicant should also provide written permission to submit this application from the owners of the building.  A form can be obtained from the Planning Department.

It was noted that this zoning was recently changed and allows a salon in this district.  It is also noted there will now be two businesses located in this building.  

The applicants also stated water usage is not a concern and clarified that this will not be a nail salon.  Beauty salons are state inspected.

MOTION

In the matter of the preliminary site plan review application by Brian Donovan for Personal Image Beauty Salon to be located at 353 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. Carr     Seconded:  T. Yosenick
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

MOTION

In the matter of the preliminary site plan review application by Brian Donovan for Personal Image Beauty Salon to be located at 353 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:
  • A written mutual agreement between the property owner/landlord and the tenant to share the sanitary facility is to be provided.

The Commission hereby schedules a public hearing for September 14, 2015 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for September 14th, 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:  M. Carr     Seconded:  P. Ragucci
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

Chairman Carr took the opportunity to thank Detective William Marchewka for attending this evening’s meeting.  


Planning and Zoning Commission Minutes
August 10, 2015
Page 10

5.  Town of Glenville                                           Change of Zoning
    Andersen Preserve, Alplaus Kill Natural Area,
    and Christiana Preserve

This Town-sponsored proposal calls for the rezoning of three Town parks/preserves from “Suburban Residential” to “Public Park Lands.”

Chairman Carr stated the three parks involved are located at the corner of Swaggertown Road and Van Buren Road (Andersen Preserve), between the two railroad bridges on Glenridge Road, formerly known as the Cozy Dale Preserve, (Alplaus Kill Natural Area), and at the intersection of Droms Road and Onderdonk Road (Christiana Preserve).

This application will bring these parks into the correct zoning district.

MOTION

In the matter in the change of zoning application by the Town of Glenville to rezone the Andersen Preserve, the Alplaus Kill Natural Area, and the Christiana Preserve to Public Park Lands, the Planning and Zoning Commission hereby recommends the Town Board approve the change of zoning from Suburban Residential to Public Park Lands.

Motion:  M. Carr     Seconded:  K. Semon
Vote: Ayes:  5     Noes:  0       Absent:  1
MOTION CARRIED

With no additional 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, September 14th, 2015.  Due to the Labor Day observance, the agenda meeting will be held Tuesday, September 8th, 2015.


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


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