ࡱ> )` wbjbj 4{{o2c2c2c2cczRVdVdVdVdVd1e1e1e$h4`|1e1e||VdVd4|VdVd|F'lVdJd Oa2c:TTJ0z4<n%1elh+rTv1e1e1ep1e1e1ez||||D..5..5 Town of Glenville Planning and Zoning Commission Monday, March 9, 2015 Glenville Municipal Center 18 Glenridge Road Glenville, NY 12302 Present: Mike Carr, Jim Gibney, Pat Ragucci, Kurt Semon, Tim Yosenick, and Javier Tapia Excused: Tom Bodden Also Attending: Paul Borisenko, Building Inspector, Tom Coppola, Highway Superintendent, Dana Gilgore, DPW Deputy, Peg Huff, Town Attorney, Chris Koetzle, Town Supervisor, Jim Martin, Councilman, Kevin Corcoran, Town Planner, and Chris Flanders, Recording Secretary 1. Approval of the minutes of the February 9, 2015 meeting Motion: P. Ragucci Seconded: T. Yosenick Vote: Ayes: 5 Noes: 0 Absent: 1 Abstention: 1 (Semon) MOTION CARRIED Approval of the Agenda Motion: K. Semon Seconded: T. Yosenick Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED 2. Lands of Heather M. Gray Minor (2-lot) Subdivision Brewster Street Final (Public Hearing) The applicant is proposing a two-lot subdivision for single family home construction. Public water is available on Brewster Street. Individual on-site wastewater disposal systems are proposed for each lot. The property is zoned Suburban Residential and is located at the northern end of Brewster Street. Joe Bianchine, ABD Engineering, presented the project. He briefly described the plan to divide the 1.22 acre lot at the end of Brewster Street into two lots for single-family homes. One lot would be almost 33,000 sq. ft. and the other lot would be about 20,000 sq. ft. The lots meet all zoning requirements and no variances are needed. Public water can be accessed across the street from the proposed lots, and test pits indicate good sand and gravel for septic systems. Mr. Bianchine continued that part of Lot #2 is in the flood plain, therefore the house will be on a slab. Chairman Carr opened the hearing to the public. With no one wishing to speak, the hearing was then closed. Planning and Zoning Commission Minutes March 9, 2015 Page 2 Neither staff nor Commission members had any concerns regarding this application. MOTION In the matter of the final minor subdivision application by Heather M. Gray for a twolot subdivision located at the end of Brewster Street, the Planning and Zoning Commission hereby approves the application. The Commissions 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. 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 $1,000.00. Motion: T. Yosenick Seconded: J. Gibney Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED 3. Amedore Homes, LLC Major (135-lot) Subdivision Hillside Drive & Comanche Road Final Continued from February Amedore Homes is seeking Major Subdivision approval to create 135 (formerly140) single-family building lots on an existing 214-acre parcel located between the existing Glen Oaks and Indian Hills neighborhoods. The proposed subdivision will include public water and sanitary sewer, along with stormwater management facilities and 54+ acres of protected wetlands. The property is zoned Suburban Residential & Land Conservation. Engineer Brett Steenburgh was present to address the Commission. He said he has met with Dana Gilgore, Joel Bianchi of MJ Engineering, and others from the Department of Public Works to address Joels comment letter provided as the Towns third party engineer. Of the forty-plus comments, the outstanding issue is the water line and profiles for Haviland Drive. They discussed pre-construction features, manhole location, utility maintenance, etc. The depth of the water lateral lines has increased as a result of recent weather conditions that have caused freezing in some locations of existing lines. Mr. Steenburgh said he had received comments from Mr. Gilgore which are minor in nature regarding utility access, and said these Planning and Zoning Commission Minutes March 9, 2015 Page 3 comments will be addressed. Mr. Steenburgh is requesting final approval of this application at this time. M. Carr stated a letter was received from the Village of Scotia and signed by Mayor Kris Kastberg, regarding annexation of property encompassing the portion of the project proposing the extension of Vista Drive for the construction of 7-8 single family homes. M. Carr stated he also received emails that several issues still need to be addressed. The Commission is reluctant to move forward with these outstanding issues. D. Gilgore prepared a written re-cap of the meeting on Thursday which was provided to Mr. Steenburgh and Mr. Carr earlier. M. Carr said these notes and comments need to be added to the plans. Attorney Huff was asked about the Village of Scotia proposed annexation and she stated this is not an issue for this Commission; it is a separate issue. J. Gibney said he is not comfortable to move along without issues being resolved. T. Bakner stated she thought the issues could be conditions of approval. M. Carr requested the issues be cleaned up before moving forward, not as conditions of project approval. J. Bossalini, Amedore Homes, said D. Gilgores emailed list of comments will be used to identify and minimize the number of outstanding items. D. Gilgore stated he was not provided with a new set of plans at the recent Thursday meeting. P. Huff asked about a previous request to cut trees on the property before the bats return and T. Bakner stated this was now a moot point. When asked, Ms. Bakner said the applicant agrees to extend the 62-day period imposed for action upon the close of the public hearing to include Aprils PZC meeting date of April 13th. It was agreed by all parties to continue this application next month. 4. Mohawk Honda Site Plan Review (Preliminary - 25 33 Saratoga Road continued from December, 2014) This proposal calls for the construction of a 21,870 sq. ft. automotive collision center on a 3.1 acre parcel (two parcels to be combined). The project site is located on the west side of Route 50 (Saratoga Road), immediately south of Pedricks Florist. The project site is zoned General Business. Tom Andress, ABD Engineering, gave a quick summary of this project which includes the construction of the collision center and new car storage/parking in the rear of the building. He stated that sales will not take place at the Saratoga Road site. Autos will be brought to the sales property at the corner of Route 50 and Freemans Bridge Road as needed. The plan calls for two existing parcels to be combined. Mr. Andress said required variances were granted by the Zoning Board of Appeals; the applicant is also asking for a recommendation to the ZBA to grant a Conditional Use Permit. Planning and Zoning Commission Minutes March 9, 2015 Page 4 T. Andress stated the tree line at the rear of the property will be maintained, additional buffer trees will be added, as well as an 8 stockade solid wood fence. This will provide a buffer between the Glen Worden School property and Mohawk Hondas property. There will be minimum landscaping on the greenhouse side of the property to allow sunshine on the Pedricks property. M. Carr asked about the paint booth being in close proximity of the elementary school. T. Andress said the data available has been provided. The prevailing winds are from west to east and would blow away from the school. The Mohawk Honda paint booth in Schenectady will be brought to this site. The paint is water-based and has a very low VOC. M. Carr spoke with DEC Region 4 regarding this issue. He asked if the applicant is willing to address any complaints or vapor related issues and T. Andress stated the applicant has never had any violations, and would be willing to provide a letter agreeing to work to resolve any complaints or issues that may arise. T. Andress provided a Going Green handout which addressed the down draft system, low VOC water soluble paints, and the vacuum system for sanding. M. Carr said training of the employees to operate and maintain the equipment is of utmost importance. Attorney Peg Huff noted that the Zoning Board of Appeals asked for a letter from the applicant stating that no vehicles would be parked in green space and that stacking of vehicles would be only as shown on the plan and would be for new vehicles for sale only and would not be accessible to customers. This letter, dated February 26, was received. When asked about lighting impact on the greenhouse, T. Andress stated the lighting is minimal and will not negatively impact the greenhouse. When asked about the County reference to a Stormwater Pollution Prevention Plan, T. Andress stated that a Stormwater Management Plan was completed, but the total disturbance of land does not mandate a SWPPP. Mr. Andress also stated per the local fire department request, that a Knox box will be installed on the building. MOTION In the matter of the preliminary site plan review application by Mohawk Honda for the construction of a automotive collision center on a 3.1 acre parcel, (two parcels to be combined), located at 25-33 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: K. Semon Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED MOTION In the matter of the preliminary site plan review application by Mohawk Honda for the construction of a automotive collision center on a 3.1 acre parcel, (two parcels to be combined), located at 25-33 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application. Planning and Zoning Commission Minutes March 9, 2015 Page 5 Conditions of preliminary approval are as follows: The applicant is to provide a letter stating they will address any vapor related issues, up to and including any mitigation equipment that may be required. The applicant must obtain a Conditional Use Permit from the Glenville Zoning Board of Appeals. The Commission hereby schedules a public hearing for April 13, 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 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: M. Carr Seconded: J. Gibney Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED MOTION In the matter of the conditional use permit application by Mohawk Honda to establish a collision center at 25-33 Saratoga Road, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application. The Commissions findings in support of our recommendation are as follows: 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. 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. Motion: M. Carr Seconded: T. Yosenick Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED 5. Michael Cellini Site Plan Review (Preliminary) 2575 Johnson Road and Weatherwax Road and Conditional Use Permit 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, with another acre being designated for a 60-car gravel parking lot. A 10 x 20 welcoming shed would be installed near the parking lot, as well as a 10 x 20 seasonal tent and two seasonal portable toilets. The property is zoned Rural Residential and Agricultural. Planning and Zoning Commission Minutes March 9, 2015 Page 6 Attorney Stephanie Ferradino, Couch-White, Saratoga Springs, represented Mr. Cellini. She briefly described the elements course which would be about 80 x 460 long. There would be two sheds; one for equipment and one for welcoming. There will also be a seasonal tent, two porta-johns, and a gravel parking area accessible from Weatherwax Road. It is a nature-based elements challenge course which includes a zip-line, but that is only one component of the course. The course typically takes 2-3 hours to complete. The proposal is compatible with zoned uses. Ms. Ferradino said the hours are planned for weekends April through June, and Labor Day through October. In the summer, the course would be open 8 am to 6 pm, 7 days a week. The applicant expects about 100 people over 10 hours of time. Ms. Ferradino stated that this is not the type of activity that generates a lot of noise, as participants are concentrating on the course. A sound study from another similar course averaged 52 decibels, with 68 decibels as the highest. Town zoning allows for 75 decibels at the property line. Tree leaves will also act as a sound buffer. The nearest neighbors home is 515 from the property. Other neighbors distances range from 1,100 feet to 1,800 feet. Ms. Ferradino said Mr. Cellini has contacted Andy Marcuccio of NYS DEC and was told no permits are necessary as the stream on the property is a Class C stream and the applicant is not changing the course of the stream, or filling the stream (the Verf Kill). There will be no chemical treatment of the gravel area. Permits are not needed for the porta-johns. Ms. Ferradino added that the local fire department has approved the rescue plan should an accident occur. Discussion followed about a possible public education meeting regarding the element course, but Mr. Cellini is looking for a venue, preferably in West Glenville, and has been unable to secure a meeting place. The only chemicals on the site would be for the porta-johns. P. Ragucci asked about the letter from the fire chief. Mr. Cellini walked from Weatherwax Road to the proposed course path with the fire chief who said accidents would be handled similar to any accidents at the Gun Club, or Ski Ventures. If equipment cant be brought in all the way, customers could be back-boarded out. M. Carr stated the fire departments have mutual aid and they have no issues with this project. Comments from the County call for an erosion sedimentation control plan and M. Carr said this would need to be added to the plan. M. Carr asked if there are any issues with increased traffic on Weatherwax Road, and Highway Superintendent Tom Coppola stated issues will have to be addressed as Weatherwax is a dirt road. M. Carr asked Mr. Cellini to describe required training and safety equipment. Mr. Cellini said everybody goes through a 20 minute training course where they are made familiar with a full body harness, gloves and helmets. Instructions include how to use safety clips/latches, get safely out of a tree, and how to move from platform to platform. The platforms are 20 to 40 above ground. Of the 20 employees, 7 will be on the course at all times. (Three will be checking in guests, and 10 will be part-timers to fill the same positions.) All guests must be off the property by 6:00 pm. Mr. Cellini said he expects primarily young adults to use the course. The minimum age is 7 years old, and the maximum weight is 250 pounds. Planning and Zoning Commission Minutes March 9, 2015 Page 7 Mr. Cellini will schedule start times for groups so as not to extend past 6:00 pm. M. Carr stated he wants to table this application to obtain more highway information. He also acknowledged that both the applicant and the neighbors have rights. A public meeting with open communication may dispel some misconceptions of this project. Both parties agreed to revisit this application next month. MOTION To table this application until next months meeting to allow for more information and details to be provided. Motion: K. Semon Seconded: P. Ragucci Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED 6. Rachael and Richard Colucciello Minor (3-lot Subdivision) 19 Dalton Road Preliminary The applicant is proposing to subdivide a 3.76-acre parcel into three lots. The existing home at 19 Dalton Road would occupy one of the three lots. The other two lots, consisting of 1.47 acres and 1 acre, respectively, would be sold as single-family home lots. All three lots would be served by on-site septic systems. The property to be subdivided, which is located on the northwest corner of Dalton Road and Farley Place, is zoned Suburban Residential. Rachael Colucciello was present to address the Commission. She said percolation tests were done on the property and conventional septic systems are planned. The lots will be served by public water. No variances are required to comply with setbacks. When asked, R. Colucciello said she knows where the existing septic tank for the original house is located, but not the leach fields. The existing barn will be located on Lot #2. The Commission had no comments at this time. MOTION In the matter of the minor subdivision by Rachael and Richard Colucciello, for a three-lot subdivision located at 19 Dalton Road and Farley Place, 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: P. Ragucci Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED MOTION In the matter of the preliminary minor subdivision application by Rachael and Richard Colucciello for a three-lot subdivision located at 19 Dalton Road and Farley Place, the Planning and Zoning Commission hereby approves the preliminary application. Planning and Zoning Commission Minutes March 9, 2015 Page 8 The Commission hereby schedules a public hearing for April 13, 2015 to consider the final minor subdivision application. Motion: M. Carr Seconded: T. Yosenick Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED 7. Town of Glenville Zoning Map Amendment Vicinity of Freemans Bridge Rd, Maple Ave, Recommendation to the Town and Sarnowski Drive Board The Town of Glenville is proposing to change the zoning of 37 properties, totaling 267.7 acres, from Research/Development/Technology to General Business. The purpose of the proposed zoning map amendment is to put in place a zoning designation that better reflects likely development trends in the Freemans Bridge Road and lower Maple Avenue corridors and to discourage undesirable land uses. Supervisor Chris Koetzle was present to expand on the purpose of this proposed amendment. With the casino project across Freemans Bridge in Schenectady, the Freemans Bridge Road area may be changing. The Town Board would like to address the possible, less favorable uses at this time rather than wait until an application is presented for adult businesses/pawn shops and the like. Perhaps not all 37 properties will be changed, maybe 10-20. Some owners may wish to expand their business and General Business zoning would not allow that to happen. C. Koetzle stated that he believes RDT zoning is not consistent with the future of Freemans Bridge Road. When the question was asked if this is spot zoning, K. Corcoran explained it is only spot zoning if the intensity of the zoning is increased; this is down zoning. A short discussion followed about a possible overlay district. P. Huff recommended the Planning and Zoning Commission revisit this application if an overlay district is planned. MOTION In the matter of the zoning map amendment application by the Town of Glenville, to be located in the vicinity of Freemans Bridge Road, Maple Avenue, and Sarnowski Drive, the Planning and Zoning Commission recommends that the Town Board approve the application. Reasons supporting recommendation: the intensity of the uses of these properties will be decreased. The Commission requests the exact number of lots be quantified and shown on a new map of proposed changes. Motion: M. Carr Seconded: J. Tapia Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED Planning and Zoning Commission Minutes March 9, 2015 Page 9 8. Town of Glenville Zoning Text Amendment Recommendation to the Town Board The Town of Glenville is looking to amend Section 270-3 (Definitions) of the Town of Glenville Zoning Ordinance to modify the definitions of Personal Service and Retail Business. The modifications to these two terms would note that pawn shops are excluded from both definitions. The purpose of this amendment is to prevent the establishment of pawn shops in commercially-zoned areas of Glenville. Supervisor Koetzle addressed the Commission. Per the intent of the previous application for a zoning map amendment, the definitions modification would exclude the establishment of pawn shops. K. Corcoran added that, unlike adult-oriented uses, pawn shops are not a land use that is protected by freedom of speech and it is not against the law to prohibit them by zoning. MOTION In the matter of the zoning text amendment application by the Town of Glenville, to amend Section 270-3 modifying the definitions of Personal Service and Retail Business, the Planning and Zoning Commission recommends that the Town Board approve the application. Motion: M. Carr Seconded: K. Semon Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED 9. Town of Glenville Zoning Text Amendment Recommendation to the Town Board The Town of Glenville is requesting an amendment to Section 270-17 (Professional Residential District) of the Town of Glenville Zoning Ordinance so as to add contractors offices to the list of uses permitted by site plan review within the Professional Residential zoning district. This proposal is in response to a request by the owner of 92 Saratoga Road (Wierzbowski) who would like to open a contractors office at this location. Supervisor Koetzle explained this zoning text amendment would not allow a contractors yard, but would allow a contractors business office. The Town Board felt a contractors office may actually be less intense of a use than many other types of offices, for example, a doctors office. The Zoning Board of Appeals also recommended a zoning text change for this use instead of granting variances. Chairman Carr read the proposed definition of a contractors office into the record as follows: Contractors office - a building or portion of a building used for conducting the administrative, clerical, and general office affairs of a contractor, but not including showrooms or any on-site storage, indoors or outdoors, of contractors vehicles, equipment, and materials. Off-street parking for contractors vehicles which do not exceed one-ton rated capacity or more than two axles are permitted. The number of such vehicles will not exceed the number of parking spaces designated for their use, as determined through the site plan review process. Planning and Zoning Commission Minutes March 9, 2015 Page 10 P. Borisenko suggested allowing contractors offices in General Business, Community Business and Highway Commercial zoning districts, as well. A brief discussion followed. MOTION In the matter of the zoning text amendment application by the Town of Glenville, to amend zoning text so as to add contractors offices to the list of uses permitted by site plan review within the Professional Residential zoning district, the Planning and Zoning Commission recommends that the Town Board approve the application. Reasons supporting recommendation: the Commission feels this addition makes sense. The Commission further recommends that contractors offices are also added as an allowed use to Highway Commercial, General Business and Community Business zoning districts. Motion: M. Carr Seconded: K. Semon Vote: Ayes: 6 Noes: 0 Absent: 1 MOTION CARRIED 10. Town of Glenville Zoning Text Amendment Recommendation to the Town Board The Town of Glenville is requesting an amendment to Section 270-17 (Professional Residential District) of the Town of Glenville Zoning Ordinance so as to add beauty salons to the list of uses permitted by site plan review within the Professional Residential zoning district. This proposal is in response to a request by the owner of 353 Saratoga Road (Shaw) who would like to open a beauty salon at this location. One of the issues the Commission has discussed is the list of uses for any given zoning district. The question of what happens if the Commission just keeps adding allowable uses is asked. J. Gibney stated he is concerned about occupational creep occurring by the continued addition of requests to expand the list of uses. C. Koetzle said he would expect the owner of 353 Saratoga Road would argue that beauty salons are a licensed personal service and as such, should be included in the Professional Residential zoning district. P. Borisenko stated the Town Code contains a category of personal services that are not allowed in the Professional Residential district. J. Tapia asked what surrounding towns are doing to address this type of use. This information was not available at this time. MOTION In the matter of the zoning text amendment application by the Town of Glenville, to amend zoning text so as to add beauty salons to the list of uses permitted by site plan review within the Professional Residential zoning district, the Planning and Zoning Commission recommends that the Town Board approve the application. Planning and Zoning Commission Minutes March 9, 2015 Page 11 Reasons supporting recommendation: This is a New York State licensed occupation and it fits in with other licensed occupations that are allowed. Further, the Commission recommends that the amendment include barber shops. Motion: M. Carr Seconded: P. Ragucci Vote: Ayes: 5 Noes: 1 (J. Gibney) Absent: 1 MOTION CARRIED With no additional items on the agenda, the meeting was adjourned at 9:20 pm. The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, April 13, 2015. The agenda meeting will be held Monday, April 6, 2015. 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