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September 14
Town of Glenville
Planning and Zoning Commission
Monday, September 14, 2009
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302

Present:        Chairman Michael Carr, Jim Gibney, Tom Bodden, Steve Marsh, and Cindy Gotobed

Excused:        Mark Storti, Walt Pryne

Also Attending: Dana Gilgore, Engineering Department, Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, and Chris Flanders, Recording Secretary

1.      Approval of the minutes of the August 10, 2009 meeting

Motion:         Seconded:  J. Gibney
Vote:   Ayes: 3 Noes: 0 Absent: 3     Abstain: 1  

(As a quorum was not present, the minutes will be voted on at a later time.)

2.  Nancy L. Shaw                                                               Minor (2-lot) Subdivision
    411 Swaggertown Road                                                       Final (Public Hearing)

The proposed subdivision would divide an existing 37.81 +/-acre parcel into two lots. The existing house and improvements would remain on the proposed 1.7+ acre parcel, while the remaining 36+ acres would be 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 Surveying, briefly described the proposal.  He said the old farm lane was a concern voiced by the Commission at the last meeting.  To address the future use of this land, he has added the following note to the subdivision map:  DEVELOPMENT NOTE: Regarding Lot No. 2, prior to any development of this lot including the reconstruction and improvement of the existing “lane” or the construction of a new driveway the Schenectady County Highway Department must be contacted in regard to sight distance and safety concerns.  A driveway entrance permit issued by said agency must be provided to the Town of Glenville before a building permit can be issued.

To address future subdivision, Mrs. Shaw has submitted a letter acknowledging and agreeing that as a condition of subdivision approval, this property cannot be further subdivided within an 18-month time period.

M. Carr stated that the sight distance is very poor.  Mr. Bogardus said it is typical of many Swaggertown Road driveways.  M. Carr said it is a county highway, and the county will issue permits.  

Planning & Zoning Minutes
September 14, 2009
Page 2

If a second house were to be built, the proposal would come before the Commission for site plan approval.

Chairman Carr then opened the public hearing.  With no one wishing to speak, the pubic hearing was closed.


In the matter of the final minor subdivision application by Nancy L. Shaw for a two–lot subdivision located at 411 Swaggertown 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.  Requested materials and comments have been received from the applicant and are satisfactory.

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:   Tom Bodden    Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2     
(Vote reflects the arrival of C. Gotobed)

As a quorum was now present, Chairman Carr asked for a motion approving the August 10th minutes.

Motion:   S. Marsh      Seconded:  J. Gibney
Vote:   Ayes: 4 Noes: 0 Absent: 2     Abstain: 1    

Planning & Zoning Minutes
September 14, 2009
Page 3

3.  Three Sons Petroleum Corporation                                    Site Plan Review
    2901 Amsterdam Road                                                        Preliminary

The applicant is proposing to redevelop and upgrade the Tel-Oil gasoline station/mini-mart.  The redevelopment and re-branding to Sunoco involves the erection of new canopies over the existing gasoline and diesel fuel pumps, relocation of the above-ground kerosene tank/pump and construction of a new 1,700 sq. ft. mini-mart.  The property is zoned Community Business, and it is located in Zone II (Primary Recharge Zone) of the Schenectady Aquifer.  

Joseph Bianchine, ABD Engineering, represented the applicants, who were also present.  He said the site has been run as a gas station since the 1930s.  The present owners would like to take the old mini mart down and build a new, larger facility.  This renovation would include larger canopies and concrete aprons with five grooved slots on the edge of those aprons to contain possible spills.  The     canopy drainage would be directed to the state system catch basins.  The existing pavement is broken up; there is some gravel – all of this would be resurfaced.  The greenspace will actually be doubled from 13.8% to 29.6%.  This design allows no traffic to go over septic system as it does now.  The septic system has been inspected and works satisfactorily and it has for a number of years.  

J. Bianchine continued to say that the tanks themselves will remain as they are; there will be no underground work to the pumps.  The island will have new branding with Sunoco pumps.  The underground tanks were replaced in 1996 with double-walled tanks.  The piping was replaced at that time as well.  These are monitored constantly to detect leaks, vapor, or moisture.  This monitoring is reported weekly.  The tanks are also monitored by DEC.  The applicant has submitted a letter from DEC stating the station and their records are generally in compliance with DEC.  J. Bianchine stated that a letter from DOT has been submitted in which DOT conceptually approves of the location and layout of the proposal and the connection to the State right-of-way as shown on the revised plan.  A third letter, from Jason Pelton, of the Schenectady County Intermunicipal Watershed Board, is also included in Commission member’s packets.  Mr. Bianchine said Mr. Pelton “is pretty much in agreement with how this project is laid out and what we are doing.”  He stated the application has been before the Glenville Environmental Conservation Commission, and they have endorsed the project.  GECC did ask that the Property Management Plan be updated and Mr. Bianchine provided an updated copy to Chairman Carr.

M. Carr asked who would be installing the canopies and Mr. Mehmood said Valley Equipment and Mohawk Fabrications.

J. Bianchine said more landscaping would be added at the front of the property, new lights would be added to shine into the site, and a new Sunoco sign for pricing will be added.  He then showed a rendering of the building.  

Attorney Peg Huff noted that Mr. Bianchine had indicated that the last DEC inspection was in November, but she added that one of the GECC recommendations was to obtain evidence of compliance with the petroleum bulk storage regulations from the Department of Environmental

Planning & Zoning Minutes
September 14, 2009
Page 4

Conservation.  J. Bianchine stated that it took three to four months to get the letter he has already submitted, but he working on obtaining another letter regarding the bulk storage.

M. Carr addressed some items that were discussed at the PZC agenda meeting.  He stated this is a non-conforming use sitting on top of the aquifer.  He stated that this is a precarious situation and the equipment is only as good as the operator.  It is important that the applicant pay attention to this equipment with daily, weekly and monthly inspections.  The tanks were installed in 1996; most fiberglass tanks have a 30-40 year warranty.  At the end of that time period, the tanks must come out of the ground, because they are deemed by DEC to be at the end of their useful life.  Due to the fact that this is a non-conforming use, when the tanks are removed, the non-conforming use is no longer granted.  M. Carr stated that he wants to be sure the applicant is aware that he will lose the right to a non-conforming use of operating a gas station on this site.  The applicant indicated he was aware of this.  M. Carr asked if the applicant knew the manufacturer of the tanks.  He did not know at this time, but will try to obtain that information.   

M. Carr stated this site is 2000’ from the town well heads, and this application needs scrutiny as it is a precarious and special situation.

When asked, J. Bianchine said the building will be stick-built.  M. Carr said the building will have to meet Town design standards.  

M. Carr then read a letter from Commissioner of Public Works Richard LeClair into the record as follows:

Mr. Carr,
    As per your request for my opinion to the advancement of the Tel-Oil project on Route 5 in the Town of Glenville N.Y. I have a few concessions that I would like to be satisfied before giving my blessings to go forward.
    I have reviewed Jason Pelton (Sch’dy County Groundwater Planner) letter as well as the letter from NYS Dot. Mr. Kennedy and agree with their findings. This location is a non-conforming use and after any changes let it be known that it will still be in non-conforming use. With this being said I will list my finds that need to be addressed.
    With in the new plans that I have reviewed I find a concrete pad with scored edges and with no understanding of what, how and who is going to maintain this change in design. How does it work when it fills up with dirt and also has nowhere to drain? Must it be filtered or stored in a holding tank to be hauled away. This would have to be explained. My concern is the contamination of fuel going into the storm basin in the event of a fueling mishap during a rainstorm and the wind blows the rain under the canopy only to flood the scored edges in the concrete.
    In previous discussions I as the water purveyor asked for annual reports and have received none.
     I also asked for projections of the new stores operations so a properly designed septic system could be designed. (As previous repairs to septic system have been done and no notification to towns engineer)
    According to new plans the driveway along south east side of building is to be removed. This is a good thing and I would like to make sure it does not return to that property, as it would be driving over grassed area and a septic system.
     The need of a updated Property Management Plan is a must (present is Jan. 1996) and up dated annually, with a due date every October 1st. This is the requirement of the watershed regulations.
Planning & Zoning Minutes
September 14, 2009
Page 5

Reporting to the water purveyor annually or when a change on this property happens and this should be done in writing. A copy of Intermunicipal watershed rules and regulations will be attached with this letter.
     A summary: I find that all the requirements of the DEC regulations for fueling requirements are being followed and that is a good thing, but as the Water Purveyor it is my responsibility to over 8,000 homes that the town of Glenville provides potable water to them. Being so close to the aquifer and wellheads these are the things that should be taken into consideration and followed.

Richard LeClair
Comm. Of Public Works

During the reading of the letter, M. Carr noted that the scored edge pads are called positive limiting barriers.  They are required in Massachusetts, not in New York State, but are a good thing to have.  The Hess station was asked to do the same for spillage.  The applicant will need to make sure they are kept clean in the winter, as sand and salt will block them.  If there is a surface spill, they must be contained, and if the grooves are blocked, gasoline could run into storm sewers, the Mohawk River or into our drinking supply.  M. Carr said he spoke with Mr. LeClair and explained this to him earlier in the day.  Dana Gilgore, Engineering Department, stated Mr. LeClair’s concern is maintenance of these grooves.  D. Gilgore asked if there is an industry standard for the suggested volume of the scored edges.  M. Carr said each groove holds approximately two gallons.  M. Carr said they are for spills and drips, not a catastrophic release.  He added that maintenance is imperative and dirt can be blown out with a leaf-blower; winter is more difficult because of ice filling the grooves, but it must be kept clean.   

Regarding the need to submit annual reports to the Town’s Water Purveyor, the applicant stated he did not know he was required to do that, but will comply.  M. Carr explained the applicant must first determine what is required by the Water Purveyor and that report must be specific to the Water Purveyor; one report will not ‘cover all the bases.’

R. LeClair’s letter refers to projections of water usage for septic design.  D. Gilgore reviewed the Environmental Assessment Form that was submitted with this application which states 100 gallons of water per day will be used.  According to actual usage as the store now exists, the average daily use is 260 gallons of water per day.  He said the septic system needs to be able to handle that amount and a percolation test should be done.  M. Carr added that the applicant must determine if they are going to have public restrooms as that would impact the septic system size.

M. Carr noted an updated Property Management Plan has been received and a new one is to be submitted to the Town every October 1st.    

M. Carr then read comments from Schenectady County as follows:

        "The Schenectady County Department of Economic Development and Planning approves of the proposal contingent upon review and approval by the Intermunicipal Watershed Rules and Regulations Board.  Notwithstanding the above, protections to prevent fuel spills from moving off the
Planning & Zoning Minutes
September 14, 2009
Page 6

paved area and into the soil should be incorporated into the design as required by sections 2670-55 B 2.  Additionally, no landscaping of any kind is proposed on the site.”

This comment is dated October 1, 2008; this has since changed.  

Discussion ensued and the following was ascertained:  there are two catch basins that tie into the DOT system and ultimately flow to the river; the current surface of black top and gravel will be repaired and repaved; many of the contingencies are dealt with by the Watershed Board, not the Planning and Zoning Commission, and the Commission needs to trust these boards; design colors will need to be reviewed; leak protection requires yearly functionality testing and following sensors on a weekly basis; the applicant does have liability insurance but not pollution insurance; the applicant does do the 10-day inventory reconciliation requirement using a tank stick with measurement at 1/8” increments;    the spill response contractor is Northeast Petroleum (second name inaudible); although the existing canopy does not meet the setback regulations, variances will not be required as the non-conforming use is in place and is not ‘worsening’ or being expanded.

S. Marsh voiced concern about the construction of the new canopy with the fire extinguisher system.  J. Bianchine stated a new foundation will be poured for the new canopy and S. Marsh said he is concerned about heavy equipment hitting or damaging the fiberglass pipes during excavating; he asked if the applicant plans to pressurize the lines and test them before any fuel input into those lines. J. Bianchine said they would be tested; the applicant stated line tests will also be done when the dispensers are installed.  The applicant also said dispenser pans are used, and the dispensers are Dresser Wings Ovation pumps.    

M. Carr again stated that this is being reviewed carefully because this is a gas station over the aquifer.

When asked, the applicant said he has four tanks, three below grade, an 8,000 gallon tank, a 10,000 gallon tank, and a 12,000 gallon tank.  None of these tanks are compartmentalized.  There is a double-walled kerosene tank above ground that was installed in the 1990s.  M. Carr said it is important that the tank is post-1986.  M. Carr explained there is 1½ feet of concrete on top of the tanks for trucks, but the lines will have to be tested before they go into service and the applicant agreed.

P. Huff read the Glenville Environmental Conservation Commission motion into the minutes:

In the matter of an application by Tel Oil (Sunoco)-Three Son Petroleum Corporation located at 2901 Amsterdam Road (NYS Route5) for a Site Plan Review, the GECC finds this application will not result in a significant potential adverse environmental impact.  Consequently, the GECC recommends that the Planning and Zoning Commission, as SEQR lead agency, issue a negative declaration.

This motion is dated August 24, 2009.

M. Carr clarified the paving intention as the asphalt acts as a barrier for any spills.  J. Bianchine said green space is doubled, but the remaining area will be paved.

Planning & Zoning Minutes
September 14, 2009
Page 7

S. Marsh asked about the reader route monitoring system and if anyone off-site is dialed or e-mailed should an alarm activate.  The applicant said while the tanks are in operation, someone is always there.  When the station closes, lines are shut off, but there is no off-site monitoring.

M. Carr asked if the applicant is familiar with the federal regulations for operator training.  Mr. Mehmood stated they attended compliance training near Kingston last year.  M. Carr said by 2011 there will be stringent state mandated training for station operators per the 2005 federal energy bill.    

Discussion followed about conditional SEQR approval versus placing conditions on Site Plan Review approval.


In the matter of the site plan review application by Three Sons Petroleum, for a redeveloped gasoline station and mini-mart, located at 2901 Amsterdam 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.

However, due to the location of this property over the aquifer, the following concerns are attached to this motion:

1.      Additional information (engineer’s evaluation) on the septic system and a percolation test is required to insure the proposed use can be accommodated by the existing septic tank.
2.      Definition of the paved area as there is conflicting information from meeting minutes.
3.      Line-tightness testing is to be performed as the dispensers are changed out; the existing dispenser pans will remain in place.  If damaged, they will be replaced appropriately.
4.      Tank owner and operator will follow all appropriate state and federal underground storage tank regulations including spill reporting inventory, various inspections, whether daily, weekly, or monthly, to the letter of the law.  Additionally, during construction, if any contaminated material is encountered, including odors, the applicant is required by navigation law, environmental conservation law, and Petroleum Bulk Storage regulations to notify DEC within two hours of the discovery.
Reasons supporting recommendation:  1) The owners appear conversant with Department of Environmental Conservations requirements and regulations.  2) The owner’s statements indicate that their equipment is modern and capable of detecting leaks. 3) The owner’s statements lead the Planning and Zoning Commission to believe that the applicants attend to the operation of the equipment and perform physical checks to compliment the monitoring capabilities of the equipment.  4)  The owner’s statements lead the Planning and Zoning Commission to believe that station employees are properly trained and will be properly trained with the installation of the new equipment.  5)  The motion made by the Glenville Environmental Conservation Commission dated August 24, 2009 issuing a negative declaration and recommending that the Planning and Zoning Commission do the same, per the following:  In the matter of an application by Tel Oil (Sunoco)-Three Son Petroleum Corporation located at 2901 Amsterdam Road (NYS Route5) for a Site Plan Review, the GECC finds this application will not result in a significant potential adverse environmental impact.  Consequently, the
Planning & Zoning Minutes
September 14, 2009
Page 8

GECC recommends that the Planning and Zoning Commission, as SEQR lead agency, issue a negative declaration.

Motion:   T. Bodden     Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2     


In the matter of the preliminary site plan review application by Three Sons Petroleum Corporation for a redeveloped gas station and mini-mart, located at 2901 Amsterdam Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.      Upon the applicant’s determination, in writing, of whether there will be a public or private restroom, percolation tests and evaluation of the septic system will be performed.
2.      Explanation, in writing, of where the paving will be.
3.      A commitment from the applicant that line testing will be completed after construction and prior to bringing the system into operation.  
4.      A commitment from the applicant, tank owner and operator, to follow all state and federal underground storage tank regulations, report all spills, and act in an appropriate manner accordingly.  The applicant understands and agrees that during construction activities, if there is any gasoline contaminated, diesel contaminated, petroleum hydrocarbon contaminated soils, odors, vapors, it will be reported to the appropriate agencies within two hours of discovery.
5.      As water purveyor, R. LeClair must issue a letter of approval for this project; therefore a letter of response to R. LeClair’s comments, dated September 14, 2009, and copies of this response to Commission members, must be submitted.  

The Commission hereby schedules a public hearing for October 12, 2009 to consider the final site
plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for October 12th, 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.
P. Huff noted that it would be helpful to have the response letter by that date, as well.

Motion:   T. Bodden     Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2     

4.  Town of Glenville                                                           SEQR Recommendation to
    Wind Energy Facility Law                                           to the Town Board

Planning & Zoning Minutes
September 14, 2009
Page 9

The Town of Glenville is proposing a local law that would guide the construction and operation of residential and commercial wind energy facilities as well as wind measurement towers.

Kevin Corcoran, Town Planner, represented the town.  He explained that the town is not looking for a recommendation tonight, but for input and comments from the Commission.

M. Carr said it is the general consensus that the town should encourage greener energy.  

J. Gibney lead the discussion regarding setbacks, size, noise standards, ice, how the building code handles wind mills and to what degree are they regulated under the building code, should the law be different for residential and commercial use, should they be classified according to potential power, should bonds be posted to remove them, and should fees be imposed.

It was determined that J. Gibney and S. Marsh would put their comments in writing.

With no further items on the agenda, the meeting was adjourned at 8:45 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, October 12, 2009.  The agenda meeting will be held on Monday, October 5, 2009.  

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

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