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Planning & Zoning Commission Minutes 8/13/2007
Town of Glenville
Planning and Zoning Commission
Monday, August 13, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Mike Carr, Vice Chairman Mark Storti, Walter Pryne, Tom Bodden, Steve Marsh, and Jim Gibney

Also Attending: Peg Huff, Town Attorney, Kevin Corcoran, Town Planner, Dana Gilgore, Engineering Tech II, Ed Rosenberg, Town Board Liaison, and Chris Flanders, Recording Secretary


1.      Approval of the minutes of the July 9, 2007 meeting as presented.

Motion:  W. Pryne        Seconded:  M. Storti
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED


2.      Fogg’s Automotive                                               Site Plan Review  
        642 Saratoga Road                                               (Final – Public Hearing)  
                                                                                        
The applicant requests site plan and conditional use permit approval to construct two additions onto his existing auto sales and service building.  A 1,500 sq. ft. addition on the front would include a new car showroom and a 1,200 sq. ft. addition on the rear would be used for storage.  The parcel is located within the General Business zoning district.

Peter Goutos, Environmental Engineer, and John Fogg were present to address the Commission.  P. Goutos corrected the size of the front proposed addition to be 2,160 sq. ft.  J. Fogg briefly explained why he needed more space at his auto dealership.

M. Carr asked if the additions would result in the loss of parking spaces and P. Goutos said there would be no net loss; the building would extend over 4-5 spaces, but they would now be inside the building.

P. Goutos then addressed stormwater management which was questioned at the last Planning and Zoning Commission meeting.  He reviewed previous approvals for the site and did not find anything indicating that the building is not in conformance with requirements or regulations.  He noted that the area has a very high water table.


Planning and Zoning Commission Minutes
August 13, 2007
Page 2

M. Carr asked if Engineering Tech II Dana Gilgore is comfortable with this information and Dana said the engineer has been very thorough and canvassed the neighborhood; he is satisfied with the findings.

S. Marsh asked if the addition is located over the septic tank as it appears so on the site plan map.  P. Goutos said it is misrepresented and not located over the tank.

Chairman Carr then opened the public hearing.

Preston VanPatten, 4 Lynn Drive, is concerned about the number of vehicles located on the site and about flooding.  He said the drains that originally were required were not installed to the correct size.  He said the original plans call for a 16” drain, but it is actually only 12”.  He feels the drain needs to be replaced and/or repair indicated by rain water backing up from Route 50 to Lynn Drive.  He also stated that the lights are too bright and shine into his home.

Bill McKenna, 439 Saratoga Road, said the area was often flooded prior to the construction of the existing Fogg’s Automotive building.

With no one wishing to speak any further, Chairman Carr closed the public hearing.

T. Bodden asked if there is a record of violations on the site and K. Corcoran said there have been some concerns regarding fencing and landscaping not being installed but upon investigation, the concerns proved to be unfounded.

J. Gibney noted that cars are not parked on the grass now and requested the applicant continue that practice.

M. Carr addressed Mr. VanPatten with some suggestions regarding remediation for the flooding problems on his property.  D. Gilgore said he would contact NYS DOT regarding the problem as well.

P. Huff stated that the applicant did receive the Zoning Board of Appeals approval of his conditional use application.

K. Corcoran said he would assess the lighting and review the number of vehicles allowed to be parked on the site.

 MOTION

In the matter of the site plan review application by John Fogg, for two additions to an existing auto dealership located at 642 Saratoga Road, the Planning and Zoning Commission finds that
Planning and Zoning Commission Minutes
August 13, 2007
Page 3

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:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

MOTION

In the matter of the final site plan review application by John Fogg for two additions to an existing auto dealership located at 642 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of Approval:

1.      No vehicles are to be parked on grass areas.
2.      The site plan is to be revised to show proper septic system placement.
3.      Review of the number of vehicles previously approved for the site.
4.      Review of existing lighting conditions.

Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

3.      McKenna’s Greenhouses                                           Site Plan Review
        730 Saratoga Road                                               (Final – Public Hearing)

The applicant is requesting site plan approval to erect a 16’ x 48’ “shed” addition on the north side of the Country Acres Pet Supply Store.  The addition will be used to sell plants and flowers.  The parcel is located within a Community Business zoning district.

Dean Durst and Bill McKenna were present to answer any questions the Commission or public may have.

D. Durst stated that items requested at the last Planning and Zoning Commission meeting have been done; specifically, sales area limits are delineated and seasonal sales areas are also now shown on the site plan.

S. Marsh asked if there are any restrictions on setbacks for seasonal use and K. Corcoran answered that because Christmas tree racks, pumpkin shelving, etc. are not permanent structures, there are no restrictions that would apply.
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August 13, 2007
Page 4

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

MOTION

In the matter of the site plan review application by William McKenna (McKenna’s Greenhouses), for the construction of a 16’ x 48’ shed addition on the north side of the Country Acres Pet Supply Store located at 730 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. Storti       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

In the matter of the final site plan review application by William McKenna (McKenna’s Greenhouses) for the construction of a 16’ x 48’ shed addition on the north side of the Country Acres Pet Supply Store located at 730 Saratoga Road, the Planning and Zoning Commission hereby approves the application.  The Commission’s decision is based upon the following findings:

The sales areas are identified on the site plan and the applicant is aware that if any changes are made that vary from the approved site plan, the applicant must again appear before the Planning and Zoning Commission.

Motion:  M. Storti       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED


4.      Super Steel Schenectady                                           Site Plan Review
        2000 7th Street                                                   (Public Hearing)
                                                                                        
Super Steel is seeking site plan approval for a water test building on their Scotia-Glenville Industrial Park property.  The proposed facility would allow rail cars to be tested for water tightness.  The property is located in a Research/Development/Technology zoning district.  

Frank Herba, Herba Consulting, represented the applicant.  He explained the proposed building would be located 110’ behind the existing building and would be a 100’ x 200’ Quonset-hut style structure.  Doors would be located on each end to move the train cars through the pressurized washing system.  A buried 10,000 gallon tank would be 16’ in the ground and all water would be recycled.  The tank is a double-steel walled tank and is completely an enclosed system.  He said
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August 13, 2007
Page 5

if any oil were to get into the tank, it would be pumped out by a professional hauler and taken away for disposal.  The pumps are housed inside of the building.  This operation takes place throughout the year and the water may be heated, as the building will not.

S. Marsh asked about the man-way and F. Herba said it has a 24” access and M. Carr added that the hatchway is usually bolted with about 40 bolts.

J. Gibney asked about the noise level involved and F. Herba said less noise would be created than when the engines are running.

Chairman Carr then opened the public hearing.

Yvonne Matthews, Amsterdam Road, asked if the test system would be running all day and all shifts.  F. Herba said it will be periodic; there are currently 20 cars on the site.

Henri Plant, 1641 Amsterdam Road, asked for more details of the building.  F. Herba said it is on a concrete base with a concrete drain which will collect all water to be reused.

Neil Turner, Amsterdam Road, asked if there would be runoff when the cars left the building.  F. Herba said a drying process may be needed.  There would probably be some residual water.

T. Bodden asked if blowers would be used, and if so, the applicant would be required to appear before the Commission regarding the decibel levels.

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

M. Carr added that if anything other than clean water as proposed is used, the applicant would need to come before the Commission again.

MOTION

In the matter of the site plan review application by Super Steel Schenectady, for construction of a water test building located at 2000 7th Street in the Scotia-Glenville Industrial Park, 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: 6 Noes: 0 Absent: 0
MOTION CARRIED


Planning and Zoning Commission Minutes
August 13, 2007
Page 6

MOTION

In the matter of the final site plan review application by Super Steel Schenectady for the construction of a water test building located at 2000 7th Street in the Scotia-Glenville Industrial Park, the Planning and Zoning Commission hereby conditionally approves the application.

Conditions of Approval:

1.      If anything other than plain water is used in the testing process, the application must be brought before the Planning and Zoning Commission for review.

2.      The man-way access must be secured.

3.      Based upon the recommendation of the Glenville Environmental Conservation Commission, should oil be found in the system, a licensed hauler will pump and dispose of the contaminate properly.  Record of such pumping will be filed at Super Steel Schenectady and made available to the Town of Glenville.     

Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED


5.      Timothy Coppola                                          Site Plan Review
        Capital Boulevard and Business Boulevard                         (Final)

This proposal involves the construction of a 14,400 sq. ft. contractor’s office/warehouse on a 1.6-acre parcel within Corporations Park.  The site is located on the northeast corner of Business Boulevard and Capital Boulevard, approximately 500 feet north of the intersection of Route 5 and Capital Boulevard.  The project site is located in the Research/Development/Technology zoning district.  

Frank Herba, Herba Consultants, Bob Titus, Titus Engineering and Timothy Coppola were present to address the Commission.

B. Titus read a prepared response to the engineering review submitted by Bova Engineering at the request of the Town.  This response letter is attached and made part of these minutes.  B. Titus summarized that the final plan would be signed and stamped.  He said he is confident the stormwater management plan and SWPPP can handle water drainage on the site and his calculations to confirm this will be forthcoming.  He also said soil test pits were recently done.

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August 13, 2007
Page 7

B. Titus said the NYS Stormwater Management Design Manual is a guide, not a requirement.  It is up to the Town to decide if they want this data.  M. Carr responded by saying the Town designated engineer asked for it, and the Town will want to see it.

B. Titus noted the third issue in the Bova report is soils and that he saw no sign of dampness during soil testing.  Discussion followed on filtration systems and the possibility of adding 4” of top soil to the basin to slow runoff.  Also discussed was the ownership and maintenance of the 6” pipe or orifice should it become clogged.

MOTION

In the matter of the site plan review application by Tim Coppola for a contractor office and warehouse located at Capital Boulevard and Business Boulevard in the Scotia-Glenville Industrial Park, 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: 6 Noes: 0 Absent: 0
MOTION CARRIED

MOTION

In the matter of the final site plan review application by Tim Coppola for the construction of a contractor’s office and warehouse located at Business Boulevard and Capital Boulevard in the Scotia-Glenville Industrial Park, the Planning and Zoning Commission hereby conditionally approves the application.

Conditions of Approval:

1.      The completion of the final stormwater report that is to the satisfaction and agreement of Bova Engineering, Titus Engineering and the Town of Glenville Engineering Department.  

2.      The lawn area owned by the Town of Glenville will be maintained by the applicant.       

Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED




Planning and Zoning Commission Minutes
August 13, 2007
Page 8

6.      Lowe’s Home Centers, Inc.                                       Minor (4-lot) subdivision
        Freemans Bridge Road                                    and site plan review
                                                                                (Preliminary)

Lowe’s is proposing to subdivide the 300-acre Piotrowski parcel into four lots.  One of the proposed lots, consisting of 20+ acres, would see the construction of a 171,000 sq. ft. home improvement store.    

Lowe’s was represented by attorney James Baglioli, Martin Zanghi of Chazen Engineers, and Rob Jess.

M. Zanghi provided plan updates to the Commission members.  He stated that one of the items questioned at the agenda meeting was the easement to the Cole property.  The access is now shown on the plan, as is a temporary easement for use during construction which will be removed upon project completion.  On Sheet 2 of the plan, the driveway grading is shown at a 5% slope.  This will allow for sheet flow drainage to concrete gutters.

He said a letter was received from Kestner Engineering dated August 6, 2007 suggesting reconfiguration of piping and revised alignment of catch basins for consideration.  These and other engineering comments regarding additional water main valves, etc. are being addressed.  Plans have been submitted to NYS Department of Transportation for review and the applicant is  working with the Town Board regarding Phase 2 improvements to Freemans Bridge Road.

M. Carr asked about plan progress in discussions with the Town Board and Councilman Ed Rosenberg said he was comfortable with the direction in which this project is moving.  

MOTION

In the matter of the preliminary major subdivision application by Lowe’s Home Centers, Inc. for a 4-lot subdivision of a 291+  acre property (tax map #30.-1-24.32) located off of Freemans Bridge Road and Sunnyside Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary subdivision approval are as follows:

·       Submission of a deed description for land to be dedicated to the Town for the proposed connector road between Freemans Bridge Road and Sunnyside Road as well as the proposed 1.689-acre retention basin property west of the Lowe’s site, off the connector road, for review and acceptance as to form and accuracy by both Town legal staff and engineering staff.


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August 13, 2007
Page 9

·       Submission of preliminary engineering drawings for the proposed connector road for review and acceptance by town engineering staff.

·       The proposed reserve “strip,” with dimensions of approximately 52.5 feet by 300 feet, located between the northern boundary of the 1.689-acre retention basin parcel and the Delaware and Hudson property is to be eliminated, either through incorporation of this strip into the retention basin parcel or through the relocation of the entire retention basin parcel to the north so that it abuts the Delaware and Hudson property.

·       No buildings or structures are allowed to be erected on parcel #1 (2.405 acres) unless and until the New York State Department of Environmental Conservation (DEC) and New York State Department of Health (DOH) conclude their investigation of perchloroethylene (PCE) contamination that exists in the soil and groundwater of lot #1, and either DEC or DOH provides, in writing, a statement indicating that construction may occur on this parcel following their investigation and/or subsequent remediation.  Further, no utility work, grading, earth moving or site preparation work on lot 1 needed to accommodate construction of the Lowe’s store is to commence until either DEC or DOH indicates in writing that said work may proceed.  

The commission hereby schedules a public hearing for September 10, 2007 to consider the final minor subdivision application of Lowe’s Home Centers, Inc.  However, in order for the Commission to schedule a public hearing for September 10, 2007, nine (9) copies of the requested information and revised plans must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing, in this case, August 27, 2007.

Motion:  M. Carr         Seconded:  M. Storti
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

MOTION

In the matter of the preliminary site plan review application by Lowe’s Home Centers, Inc. for a 171,069 square foot retail store located on a 19.59-acre parcel off of Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary site plan approval are as follows:

·       Review and approval of the proposed area variances by the Town of Glenville Zoning Board of Appeals prior to consideration of the final site plan review application.


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August 13, 2007
Page 10

·       Review and approval of proposed waivers (see attached) from the commercial design requirements of our zoning ordinance are to be considered by this Commission prior to a decision being rendered on the final site plan review application.

·       An application for a work permit from Lowe’s shall be submitted to the New York State Department of Transportation for proposed road improvements, utility work, traffic signal installation, driveway alterations, etc. within the Freemans Bridge Road right-of-way.
 
·       In association with the work permit application to NYSDOT, and per NYSDOT’s request, Lowe’s shall submit a road improvement alternative for Freemans Bridge Road that reflects a more eastward realignment and expansion of pavement, thereby offering a scenario that would involve fewer construction easements and/or strip takings from private landowners.

·       The applicant shall submit final drawings depicting proposed reconfigured driveways, parking lots, green space, etc. for properties along Freemans Bridge Road that will be altered as a result of road improvements associated with the Lowe’s project.  Said drawings shall be accompanied with a letter or signature page from affected landowners indicating consent to proposed alterations of their driveways, parking areas, green space, etc.

·       Final grading, drainage, storm water management and erosion control plans are subject to review and acceptance by the town’s engineering department.

·       The site plan, grading plan, and sediment and erosion control plan shall be revised to reflect construction of a new access road/driveway to the rear of the two Cole properties on Freemans Bridge Road north of the connector road, with said plans and storm water calculations being amended to reflect satisfactory management of additional runoff from this new access road/driveway.

·       Construction of the Lowe’s store shall include a foundation vapor barrier and any other additional material or structure deemed necessary in order to prevent perchloroethylene (PCE) vapors from entering into the store should nearby subsurface PCE contamination migrate into soils underlying the Lowe’s store.

·       The Town of Glenville Zoning Ordinance mandates a minimum of 489 parking spaces for the Lowe’s project.  Lowe’s is proposing 538 spaces, which is reasonably close to the minimum required and considerably below the maximum that is permitted (855).  However, based on observations of off-street parking demands/needs of big box and other retail businesses in Glenville, as well as observations of parking demands for nearby Lowe’s stores in Niskayuna, Clifton Park and Amsterdam, it is apparent that 538 parking spaces is excessive.  Consequently, this Commission requests that Lowe’s reconsider the number of parking spaces being sought for the Glenville project and consider a site plan that reduces the number

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August 13, 2007
Page 11

of off-street parking spaces to 489, an elimination of 49 spaces.  The area originally earmarked for these 49 spaces could then be converted to landscaping and/or lawn area, which would in turn reduce runoff and improve aesthetics.  

·       Additional road, utility, and driveway improvements and alterations to and adjacent to Freemans Bridge Road south of Lowe’s frontage are being considered by the Glenville Town Board, New York State Department of Transportation, and Lowe’s.  In the absence of any documentation from NYSDOT indicating that these additional improvements are unnecessary to accommodate traffic impacts from the Lowe’s project, this Commission deems these improvements necessary and vital to accommodate additional traffic volume generated by Lowe’s and to minimize conflicts associated with additional volume and turning movements.  Consequently, this Commission finds that additional improvements to Freemans Bridge Road under consideration south of Lowe’s frontage are to be pursued by Lowe’s to the satisfaction of both the Glenville Town Board and NYSDOT.

The Commission hereby schedules a public hearing for September 10, 2007 to consider the final site plan review application of Lowe’s Home Centers, Inc.  However, in order for the Commission to schedule a public hearing for September 10, 2007, nine (9) copies of the revised site plan and requested additional documentation must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing, in this case, August 27, 2007.

Motion:  M. Carr         Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

Peg Huff asked that if the applicant does change the number of parking spaces, the change is shown on future submitted plans.  Rob Jess agreed to that request.


7.      John Stephens                                                                   Minor (4-lot) Lot
        673 Swaggertown Road                                    Subdivision (Preliminary)
                                                     
The applicant has proposed a minor subdivision consisting of 4 single-family residential building lots from the 54.95+/- acre parent parcel. The parcels would be served by public water and on-site septic systems. The parcel is located within a Rural Residential/Agricultural zoning district.

Ray Koch, PLS, addressed the Commission regarding this application.  He stated that John Stephens purchased the property and has since started a horse rescue operation.  Mr. Stephens will continue to use most of the property as a farm, but would like to build a new home near the barn and divide the southwest corner of the property into two building lots.  R. Koch said most of the land west of the existing stream will be part of a lot, but restricted to be undeveloped.
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August 13, 2007
Page 12

R. Koch said the wetlands have been delineated only in the area where building (construction) takes place.

The Swaggertown Road house will be on a well, as there is no public water there.  All of the property is in Schenectady County.

Discussion followed regarding the wet areas located on the property and M. Carr suggested contours be added to the map.  He noted the drainage swale is very wet to actually running water in the spring.  M. Storti suggested a deed restriction of a 100’ ‘no clear’ buffer along the swale on the corner lot.

J. Gibney asked if the Town of Glenville was present at the digging of the one test pit and R. Koch answered no.  More test pits will be performed with the Department of Health observing, as well as the Town of Glenville representative.

R. Koch said he would provide detailed grading plans for septic systems at the time of building permitting.  He said the existing house (with the stone porch) is on a standard septic system and public water.  The new lots will also have public water.  The proposed house near the barn would be on the existing well.  

S. Marsh asked if the outlines shown on the map are big enough for raised-bed septic systems, and suggested that the layouts be indicated as if Amsterdam fill systems will be utilized.

T. Bodden asked R. Koch to number the lots and M. Carr asked that arrows/topographical lines be added.  He was also asked to add anticipated building elevations; R. Koch said it would be speculative, but he would add profiles.  

M. Storti requested a letter from the landowner stating he would not subdivide further within the next 18 months.

S. Marsh noted the area around the barn being developed for horses and asked if the Town required containment of any runoff preventing it from going downstream.  K. Corcoran indicated there is no such requirement.

J. Gibney noted the property is in an archeologically sensitive site.

MOTION

In the matter of the preliminary minor subdivision application by John Stephens for a four-lot subdivision located at 673 Swaggertown Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

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August 13, 2007
Page 13

Conditions of preliminary subdivision approval are as follows:

1.      Layout of where Amsterdam fill systems are to be located is to be shown on the proposed lots
2.      100’ no clear buffer is to be added on the east stream near the 2.07-acre lot  
3.      Topographical lines or arrows are to be added to the map.
4.      A building footprint profile is to be added to the proposal.
5.      Show the existing septic system location on the corner lot.
6.      Applicant is to schedule test pits to be preformed with the Town of Glenville Engineer.
7.      Applicant is to provide letter stating he will not subdivide the property further within the next 18 months.

The commission hereby schedules a public hearing for September 10, 2007 to consider the final minor subdivision application.  However, in order for the Commission to schedule a public hearing for September 10, 2007, nine (9) copies of the revised subdivision map and/or requested information must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing.

Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, September 10, 2007.  The agenda meeting will be held on TUESDAY, September 4th.  With no further items on the agenda, the meeting was adjourned at 9:10 p.m.


Submitted by:   Filed with the Town Clerk:      

______________________________  ______________________________
Chris Flanders, Stenographer                                    Linda C. Neals