Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Planning & Zoning Commission Minutes 07/09/2007
Town of Glenville
Planning and Zoning Commission
Monday, July 9, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Mike Carr, Vice Chairman Mark Storti, Walter Pryne, and Jim Gibney

Excused:        Steve Marsh and Tom Bodden

Also Attending: Peg Huff, Town Attorney, Kevin Corcoran, Town Planner, Dana Gilgore, Engineering Tech II, Richard LeClair, DPW Commissioner, and Chris Flanders, Recording Secretary


1.      Approval of the minutes of the June 11, 2007 meeting as presented.

Motion:  W. Pryne        Seconded:  M. Storti
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED


2.      Colin Development, LLC – Amerada Hess                   Site Plan Review
        123 Freemans Bridge Road                                        (Final – Public Hearing)
                                                                                        
The applicant has proposed a Hess Express gasoline station with a convenience store.  The site is located at the intersection of Dutch Meadows Lane and Freemans Bridge Road and presently consists of four parcels which will be consolidated under single ownership. The properties are located within the General Business zoning district.

The applicant was represented by Gavin Vuillaume, Environmental Design Partnership, and Terresa Bakner, Attorney, of Whiteman, Ostermann, and Hannah.  T. Bakner reviewed the waivers requested by the applicant as follows:

*         Town Code § 270-134C.(1)(b)[2]: "Ground-floor facades that face public streets shall have a combination of arcades, display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length."  The applicant has attempted to address this waiver by adding windows and window flower boxes to the sides of the building, but is still requesting the waiver.
*         Town Code § 270-134C.(1)(b)[1]: "Facades, measured horizontally, shall incorporate wall projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade."  The applicant is not able to meet this requirement and requests a waiver.
Planning and Zoning Commission Minutes
July 9, 2007
Page 2

*         Town Code § 270-134C.(5)(b): "All building facades which are visible from adjoining properties, public streets and/or on-site roadways shall comply with the requirements of Subsection C(1) of this article."  This is to do with the utilities in the rear of the building; landscaping (evergreens) have been added; the waiver is still requested.
 
*         Town Code § 270-134D.(2)(b)[1]: "No more than 50% of the off-street parking spaces ... shall be located between the front facade of the principal building(s) and the abutting public street(s)."  G. Vuillaume said this requirement cannot be met; the building has been moved back from the original location.
*         Town Code § 270-136B.(2): "Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site."   The walkways meet on the Dutch Meadows Lane side of the building; it was deemed unsafe at the fuel canopy.
T. Bakner said the depth to groundwater was also an issue and Travis Mitchell was present to address any questions.  She said all required variances have been granted by the Zoning Board of Appeals.

M. Burns stated that engineering consultant firm, Barton and Loguidice, has signed off on the project.  G. Vuillaume said all notes regarding lighting, addressing collector pans for under the dispensers and positive limiting barrier (spill containment grooves) for the concrete pad have been added to the plan as well.

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

When asked, Dana Gilgore said he has been in contact with Travis Mitchell, P.E., and he is satisfied with the plan.

M. Burns noted that the Department of Transportation has concerns about the paper street owned by Wal-Mart to the north.  T. Bakner said a note has been added to the site plan stating the “applicant shall relocate driveway location as part of shared driveway access with adjacent property in the future if required.”  

MOTION

In the matter of the site plan review application by Colin Development, LLC – Amerada Hess for a gas station/convenience store located at 123 Freemans Bridge 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.


Planning and Zoning Commission Minutes
July 9, 2007
Page 3

Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED

MOTION

In the matter of the final site plan review application by Colin Development, LLC – Amerada Hess for a gas station/convenience store located at 123 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

1.      The proposed use does exhibit adequate and logical vehicular access and circulation, including intersections, road widths, curbing, and traffic controls.

2.      The proposed use does exhibit adequate and logical placement, arrangement, size, and design of buildings, lighting, and signs.

3.      The proposed use does demonstrate adequate provisions for the collection and/or disposal of storm water, sanitary waste, and garbage.

Conditions of Approval:

The waivers listed below are issued consistent as part of the site plan and are shown on the site plan:

*         Town Code § 270-134C.(1)(b)[2]: "Ground-floor facades that face public streets shall have a combination of arcades, display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length."

*         Town Code § 270-134C.(1)(b)[1]: "Facades, measured horizontally, shall incorporate wall projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade."

*         Town Code § 270-134C.(5)(b): "All building facades which are visible from adjoining properties, public streets and/or on-site roadways shall comply with the requirements of Subsection C(1) of this article."

*         Town Code § 270-134D.(2)(b)[1]: "No more than 50% of the off-street parking spaces shall be located between the front facade of the principal building(s) and the abutting public street(s)."

*         Town Code § 270-136B.(2): "Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site."

*       Town Code §270-134B.(2) provides that the P&Z Commission may waive one or more of the standards upon a showing by the applicant that the strict application of the standard imposes an undue hardship due to such factors as existing conditions, site topography or site configuration.

Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
    
Planning and Zoning Commission Minutes
July 9, 2007
Page 4

3.      Bernard Mericle                                         Minor (2-lot) Subdivision
        Gower Road                                                      (Final – Public Hearing)

This project involves the establishment of a five-acre residential building lot from a 46-acre parent parcel.  The project site is located on the west side of Gower Road, with the parent parcel beginning just north of the railroad tracks, and the new building lot being located approximately 4/10 of a mile north of the railroad.  The project site is located in the Rural Residential and Agricultural zoning district.   

Mr. Mericle addressed the Commission.  He briefly described his proposal and stated that he has no plans to further subdivide his property within the next 18 months.  

J. Gibney asked if there is a sight distance issue for the proposed driveway, and Mr. Mericle explained that the driveway is not located near the sharp corner along the property, and, therefore, is not an issue.

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

MOTION

In the matter of the final minor subdivision application by Bernard Mericle for a 2-lot subdivision on his property located at 424 Gower Road, the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.
Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED

MOTION

In the matter of the minor subdivision application by Bernard Mericle for a two–lot subdivision located at 424 Gower Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

The proposed use takes into consideration the relationship of this project to the neighborhood and the community, and the best use of the land being subdivided.  Factors considered include:
·       Compliance with the requirements of the Zoning Ordinance and the policies of the Comprehensive Plan.
·       Logical arrangement, location and width of streets.
Planning and Zoning Commission Minutes
July 9, 2007
Page 5

·       The lots’ and street(s)’ relationship to the topography of the site.
·       Accommodation for future development of adjoining lands as yet unsubdivided.

Conditions of Approval:

1)  The applicant is to provide a letter to the Planning and Zoning Commission stating that he has no intention to further subdivide his land within the next 18 months.

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:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED


4.      Fogg’s Automotive                                               Site Plan Review  
        642 Saratoga Road                                               (Preliminary) and  
                                                                                Conditional Use Permit

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 regarding this application.  P. Goutos noted a correction and stated that the front addition is proposed at 2,160 sq. ft.  J. Fogg explained that the auto business has changed, with more pre-owned vehicles being sold.  He wants to offer fuel efficient new cars and has decided on a Suzuki dealership.  He said part of the company’s ‘branding’ is a red arch and two brown arches in front of the showroom.  He showed a rendering of what the building would look like with these additions.


Planning and Zoning Commission Minutes
July 9, 2007
Page 6

J. Fogg said the existing building is a pre-engineered building, and adding on is a challenge.  There will be no net change in stormwater flow or septic size; the number of employees will stay the same.  There will be in increase in the number of parking spots; the four in front of the building would move northeast on the lot, and four cars would be inside the showroom.  Handicap parking would be in the rear and would be five spaces.

The rear addition would be for parts storage; no fuels/fluids would be held there.

M. Storti asked if parking would be on the grass and P. Goutos said no, the grass area is a buffer and the septic system is located there.  M. Carr stated that it would be esthetically desirable to keep the cars back from the road.

It was noted that the Commission has not yet received comments from Schenectady County.

MOTION

In the matter of the preliminary site plan review application by Fogg’s Automotive for the expansion of an existing car dealership located at 642 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary approval are as follows:

1.  The Planning and Zoning Commission is conditionally approving the application.  In the event there is a negative recommendation from the County, the applicant will have to re-apply for approval.

The Commission hereby schedules a public hearing for August 13th, 2007 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for August 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. Storti       Seconded:  W. Pryne
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
MOTION

In the matter of the conditional use permit application by Fogg’s Automotive for the expansion of an existing car dealership, located at 642 Saratoga Road, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application.

Planning and Zoning Commission Minutes
July 9, 2007
Page 7

Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED

    
5.      McKenna’s Greenhouses                                           Site Plan Review
        730 Saratoga Road                                               (Preliminary)

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 represented Mr. McKenna in this application.  He explained he is asking for approval of a secondary use for the property.

M. Carr asked the applicant to delineate the area for sales, storage and parking on the site plan.  Parking must be sufficient for this business and the existing business.  

MOTION

In the matter of the preliminary site plan review application by McKenna’s Greenhouses for the construction of a 16’ x 48’ shed on the Country Acres Pet Supply site located at 730 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the preliminary site plan review application.  

Conditions of preliminary approval are as follows:

1.      The delineation of where product is to be placed and impact on parking for both businesses is to be added to the site plan.

The Commission hereby schedules a public hearing for August 13th, 2007 to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for August 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. Storti       Seconded:  W. Pryne
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED


Planning and Zoning Commission Minutes
July 9, 2007
Page 8

6.      Lowe’s Home Centers, Inc.                                       Major (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 home improvement store.

Lowe’s Home Centers, Inc. was represented by Attorney Terresa Bakner, Whiteman Osterman and Hanna, Rob Jess, Lowe’s representative, Marty Zanghi, Chazen Engineering, and Wendy Cimino, Traffic Engineer with Creighton Manning.

T. Bakner recapped what has already been done, citing the Town Board approval of the re-zoning of the property.

She then listed the waivers that the applicant is requesting.  

1.      Off-street Loading/Outdoor storage, trash collection and loading areas

According to §270-74B(2), loading areas accessory to commercial uses must be located and screened so as to be visually insulated from public awareness.~ Additionally, according to §270-135B(2), loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties, public streets, and on-site roadways. ~No attention shall be attracted to these elements by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. ~These provisions shall not apply to individual outdoor trash receptacles and recyclable materials receptacles intended for use by pedestrians or visitors.
(1) Waiver will be required since the right-side loading dock faces Lowe’s Drive.

2.      Parking Lot Orientation
According to §270-134D(2)(b)[1], no more than 50% of the off-street parking spaces for the lot, tract, or area of land devoted to the large commercial establishment shall be located between the front facade of the principal building(s) and the abutting public street(s).~


Planning and Zoning Commission Minutes
July 9, 2007
Page 8
(1) Waiver will be required since all of the parking is located between the front facade of the building and Freemans Bridge Road, instead of adjacent to the right-side façade and Lowe’s Drive.

3.      Building materials & colors
According to §270-134C(3)(b)[4], predominant exterior building materials shall not include the following: smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels.
(2) Waivers will be required since smooth-faced concrete block & tilt-up concrete panels are proposed.

Rob Jess showed a sample of the panels to the Commission.  He said there would be a joint every 10’.  This is a pre-cast material manufactured in Pennsylvania.

Discussion followed regarding compliance with design guidelines and upgrades the applicant has already included in their plan.

4.~~~~~~~~ Site Design and Relationship to the Surrounding Community

According to Article 18 - Commercial Development Design Guidelines, Section B - Design Standards and Guidelines for Commercial Establishments Outside of the Town Center Overlay District, where a building consisting of 20,000 square feet or more of gross floor area faces two or more public streets or on-site roadways, at least two sides of the building shall have at least one customer entrance, with one of the sides being the side of the building facing the primary street or on-site roadway, and the other being the side of the building facing the second street or on-site roadway.
(1) Waiver will be required since there is no customer entrance on the right-side façade facing Lowe’s Drive.

5.~~~~~~~~ Lighting

According to §270-137C(4)(c), in general, pole-mounted architectural lighting shall not exceed a pole height of 18 feet from the finished grade.
(1)     Waiver will be required since the lighting in the Lowe’s parking lot will be 37 feet from the finished grade.
This would be for the parking lot; along the drive would be the acorn-type as designated in the Freemans Bridge Road Master Plan.
Planning and Zoning Commission Minutes
July 9, 2007
Page 9

T. Bakner also noted a list of open issues, including road design, which should not change the subdivision plan.  The overall plan map shows Piotrowski holdings and a paper street.  The small sliver of property owned by Mr. Cole can be accessed per an easement Lowe’s is granting and which has been agreed to by the respective attorneys.

Discussion followed regarding the allowance of reserve strips for future stormwater management, use of easements, and sanitary sewers.  This issue is being resolved with the Town by use of a force main under Lowe’s Drive and service laterals in an 80’ right-of-way.

M. Carr said the Lowe’s access road and how details are going to be worked out are concerns of the Commission which will require input from the Town Board and the Department of Transportation.  He provided the following comments from the agenda meeting and an additional project meeting on July 6th with Mike Burns, Kevin Corcoran, Paul Borisenko, and Dana Gilgore:

·       Curbing is to be installed on the south side of the access road (R. Jess said there is curbing shown on the latest plans.)
·       Lowe’s must maintain the sidewalk as is expected of all other entities
·       The strip of land adjacent to Cole Supply, the details must be worked out as the access to this parcel is now limited to Freemans Bridge Road.  This poses a significant problem in such close proximity to the new, traffic-controlled intersection to be built as part of this project. (An agreement is being worked out between the attorneys for Mr. Cole and Lowe’s.)
·       Stormwater calculations and report will not be ready until July 30, 2007.
·       Planning and Zoning Commission needs a waiver summary from the applicant. (This has been provided.)
·       Planning and Zoning Commission needs final plans including the re-located utilities along the access road.
·       Applicant has stated that they will provide road construction details including cross-section and profile for the entire length of the access road as part of this project.
·       Freemans Bridge Road funding mechanism and plan for the road reconstruction/
improvements should be in place.  (Discussion followed regarding escrow accounts, betterment agreements, and DOT involvement, along with procedural issues.  T. Bakner said she would provide examples of these types of agreements)
·       Shoulder of access road. (D. Gilgore is discussing this with M. Zanghi; the Department of Public Works will meet with the Chazen Co. engineers.)

M. Storti asked if the neighbors across the street have been contacted, and R. Jess said they have.

Planning and Zoning Commission Minutes
July 9, 2007
Page 10




M. Storti asked about the lighting plan and M. Zanghi said the fixture details are on the subdivision map.  The waiver is being sought because of the height limits in the Freemans Bridge Road Master Plan.

The applicant and the Commission agreed to continue this application at next month’s meeting.  


7.      Town of Glenville                                               SEQR Recommendation to
        Woodcrest Drive                                         the Town Board-Woodcrest
                                                                                Drive Sewer Extension
                                                                                        
This project involves the extension of sewer service to 19 existing homes on Woodcrest Drive.  Prior to the Town Board acting on the petition to extend sewer, a SEQR determination of significance must be made.

Dana Gilgore, Town Engineering Tech II, addressed the Commission regarding this application.  A formal petition was brought to the Town signed by 99% of the residents in this area.  This action will also improve the environment by taking the 19 homes off of septic systems.

MOTION

In the matter of the Woodcrest Drive sewer extension by the Town of Glenville, 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 recommends that the Town Board, as SEQRA lead agency, issue a negative declaration.

Reasons supporting the recommendation are the sewer extension will improve the 19 properties involved and eliminate septic systems.    

Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED




Planning and Zoning Commission Minutes
July 9, 2007
Page 11


8.      Town of Glenville                                               SEQR Recommendation to
                                                                                the Town Board – Illicit
                                                                                Discharge, Detection and
                                                                                Elimination Local Law
                                                                                Proposal
                                                                                
The Town of Glenville is proposing to adopt a local law prohibiting discharge of pollutants into the municipal storm sewer system. Adoption of this local law is another step toward bringing the Town into compliance with New York State’s required Municipal Separate Storm Sewer System (MS4) Phase II program.

Attorney Peg Huff stated that she would like more time to review the proposal.  This application will be added to next month’s agenda.
-
The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, August 13, 2007.  The agenda meeting will be held on Monday, August 6.  With no further items on the agenda, the meeting was adjourned at 9:45 p.m.


Submitted by:   Filed with the Town Clerk:      

______________________________  ______________________________
Chris Flanders, Stenographer                                    Linda C. Neals