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Planning & Zoning Commission Minutes 10/8/2007
Town of Glenville
Planning and Zoning Commission
Monday, October 8, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


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

Excused:        Tom Bodden

Also Attending: Peg Huff, Town Attorney, Kevin Corcoran, Town Planner, Dana Gilgore, Engineering Tech II, Paul Borisenko, Building Inspector, Ed Rosenberg, Town Board Liaison, Councilwoman Val DiGiandomenico, and Chris Flanders, Recording Secretary


1.      Approval of the minutes of the September 10, 2007 meeting as presented.

Motion:  W. Pryne        Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


2.     Heflin Builders, Inc.                                                            Minor (3-lot) Subdivision
 Scotch Bush Road                                              (Final – Public Hearing)
               
The applicant has proposed a minor subdivision consisting of 3 single-family residential building lots from the 2.3 +/- acre parent parcel.  The proposed lots will be served by public water and individual septic systems.  The parcel is located on the east side of Scotch Bush Road, approximately 225 feet north of Lake Hill Road.  The property is zoned Suburban Residential.

The applicant was represented by Andrew Schauffert, Santos Associates.  He briefly described the project.  He said the driveways would be located off Scotch Bush Road.  Test pits have been done last year indicated conventional septic systems will be possible and will be located in the rear of the lots.

M. Storti noted that the plans are consistent with what is currently in the neighborhood and he is surprised that the soils are adequate for a conventional system.

M. Carr stated a concern has been voiced about the conservation of trees on the property as it is heavily wooded, and it would be appreciated if the applicant would retain the larger, old-growth trees as much as possible.
Planning and Zoning Commission Minutes
October 8, 2007
Page 2

Chairman Carr opened the hearing to the public.

Ronald Zalucki, 68 Scotch Bush Road, is concerned that his lot is 5’-6’ lower than the proposed building lots and drainage could affect his well water.  He is also concerned about the trees being removed and would like a buffer zone of trees between his property and the new building lots.

Beverly Mirando, 182 Lake Hill Road, is concerned about stripping the forest, drainage and flooding along the eastern border of her property, and the proposed septic systems and leach fields draining towards her property.  She asked that the applicant consider two lots instead of the proposed three lots.

Alfred Moldenhauer, 74 Scotch Bush Road, asked if the houses would match the existing homes on Scotch Bush Road.  He stated that the majority of the existing homes are ranch-style homes and large homes would be out of place.

M. Storti stated that a change of housing stock has been occurring in that area and cited several new construction locations.  He feels these houses will blend in with the others.

Dan Lolik, 63 Scotch Bush Road, said he is located across the street from the proposed homes and asked about the size of the lots, as many lots surrounding this property are much larger.

M. Carr noted that the plans submitted are in accordance with town zoning regulations and any septic systems must meet county standards and town requirements.  

Paul Borisenko, Building Inspector, stated that the lots meet the 20,000 sq. ft. minimum, 120’ road frontage, and all setbacks per the existing zoning.

R. Zalucki asked if New York State officials tag trees to be retained.  M. Carr explained the rights of the property owners and that the Commission can ask that it be developed appropriately; retaining the trees can be requested, but the owners cannot be forced to do so.  He also stated that the Commission always asks for buffers for the neighbors.

Discussion followed regarding buffer sizes and A. Schauffert indicated that approximately 85’ of vegetation from the rear property line will not be cleared per the proposed plan.

Mrs. Mirando asked if the neighbors could meet with Mr. Heflin and M. Carr said that the question of neighbors contacting the applicant is not within the purview of the Commission.

With no one wishing to speak any further regarding this application, Chairman Carr closed the public hearing.
Planning and Zoning Commission Minutes
October 8, 2007
Page 3

When asked, D. Gilgore said the state requires the septic tank to be 100’ from any wells.  J. Gibney noted that Mr. Zalulcki’s well is not located on the map.  A. Schauffert said the septic systems are in the rear of the house, and if after locating Mr. Zalucki’s well, the septic on Lot #3 needs to be adjusted, it can be.  S. Marsh asked if the septic system leach fields need to be moved, would test pits need to be repeated.  A. Schauffert responded by saying they will be redone in any event.  They were originally done for the subdivision application only.  Percolation tests will be needed to be done for obtaining the building permit.

J. Gibney read the following comment from the Schenectady County Coordination Referral form:  The Schenectady County Department of Economic Development and Planning approves of the proposal.
Notwithstanding the above, the applicant should clearly identify the amount (acreage) of land to be disturbed.  If one acre or more will be disturbed, an erosion and sedimentation control plan must be prepared and a notice of intent filed with NYS DEC.

M. Storti noted that this statement is to remind applicants of compliance requirements.

MOTION

In the matter of the minor subdivision application by Heflin Builders, Inc. for a three-lot subdivision located at Scotch Bush 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: 5 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

In the matter of the minor subdivision application by Heflin Builders, Inc. for a three–lot subdivision located at Scotch Bush 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.
·       The lots’ and street(s)’ relationship to the topography of the site.

Planning and Zoning Commission Minutes
October 8, 2007
Page 4

·       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:

1)      The well on the adjacent Zalucki property will be located and that location will be added to the subdivision map.
2)      The leach field on Lot #3 will not be within 100’ of the Zalucki well.
3)      The applicant is to give consideration regarding conserving existing vegetation; minimizing the amount of disturbance, and maintaining the character of the neighborhood.
4)      The applicant is requested to leave as much vegetative buffer as reasonable for the neighboring properties.

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 $2,000.
Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


3.     Robert & Michelle Correll                                                Minor (2-lot) Subdivision
 20 Worden Road                                                (Final – Public Hearing)
                                                                               
The applicant is proposing to subdivide the 2.94 +/- acre property located at 20 Worden Road.  The existing home would be located on a 1.25-acre parcel, with the proposed 1.69-acre parcel being earmarked for a new single-family home.  Both lots would be served with public water and individual septic systems.  The property is located on the northeast corner of Worden Road and the Glen-Worden School driveway.  The property is zoned Suburban Residential.

Duane Rabideau, Van Guilder Associates, represented the applicants.  He said the proposal shows Lot B with the existing house and garage and Lot A as a proposed building lot of 1.7 acres with an on-site septic system.


Planning and Zoning Commission Minutes
October 8, 2007
Page 5

J. Gibney asked about the existing cedars in the front of the property; is sight distance impaired by the trees and is the plan to leave them as they are.  Mrs. Correll said she would like to see the cedars as they are, but a purchaser of the building lot may not want them.  Discussion followed regarding sight distance adequacy.

Chairman Carr opened the public hearing.

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

MOTION

In the matter of the minor subdivision application by Robert and Michelle Correll for a two-lot subdivision located at 20 Worden 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: 5 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

In the matter of the minor subdivision application by Robert and Michelle Correll for a two–lot subdivision located at 20 Worden 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.
·       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:

1)      The applicant is requested to try to maintain the existing cedars on both lots.

Planning and Zoning Commission Minutes
October 8, 2007
Page 6

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:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 5     Noes: 0     Absent  1
MOTION CARRIED


4.     Shady Lane Realty, Inc.                                                            Site Plan Review
 123 Saratoga Road                                             (Final – Public Hearing)
                                                                        
The applicant is requesting site plan approval to construct a new 12-unit apartment building.  The new building would be located off the service driveway behind Socha Plaza, The proposed apartment building will have public water and sanitary sewer.  The parcel is located within a Multi-Family zoning district

Gavin Vuillaume, Environmental Design Parntership, addressed the Commission on behalf of the applicant.  He explained the applicant is proposing a 12-unit apartment building at the rear of the plaza.  There will be parking for twelve cars and a garage.  The local fire department met with the applicant and requested a fire hydrant be placed in the front of the building and next to the existing pole barn, which is now shown on the site plan.  The width of the service road is adequate for fire fighting equipment.

Chairman Carr opened the public hearing.  

Sharon Janson, 31 Praise Lane, asked if traffic will be increased behind the proposed building as there is a dirt road on her property that is used by maintenance crews.  Mr. Socha stated that access to the dirt road would be closed off.  Mrs. Janson asked what the view would be from her land and G. Vuillaume said she would be able to see the back of the garage and the stormwater area.  Mr. Socha pointed out there is about 7 acres of wetland between the properties, as well, and that an existing building is already closer to her property line than the building proposed.

With no one wishing to speak further on this application, Chairman Carr closed the public hearing.
Planning and Zoning Commission Minutes
October 8, 2007
Page 7

S. Marsh asked if the lighting will match what is presently there now, and G. Vuillaume answered that it will match existing lighting.

MOTION

In the matter of the final site plan review application by Shady Lane Realty for a 12-unit apartment building located at 123 Saratoga Road, the Planning and Zoning Commission hereby 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 location, arrangement, and setting of off-street parking and loading areas.

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

Conditions of Approval
1)     Receipt of recreation impact fee of $4,800 ( $400 x 12 units).
Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


5.     Anthony Ferraro                                                                       Site Plan Review
 231 Saratoga Road                                             (Final – Public Hearing)
                                                          
The applicant is requesting site plan approval to convert an existing single-family residence into a dentist’s office.  The property is located on the west side of Route 50; the third building south of McDonald’s.   The parcel is located within a Professional/Residential zoning district and the Town Center Overlay district.

Frank Herba, Herba Consulting, addressed the Commission members.  He said there are ten parking spaces on site, the plantings have been changed from cedars to a row of yews to shield the cars, and five additional cherry trees have been added.  He also said the suggested light fixture for the Town Center Overlay District is too bright and does not blend in with the neighborhood.  He would like to see a smaller, 150 watt lamp, installed for safety and security purposes.


Planning and Zoning Commission Minutes
October 8, 2007
Page 8

The applicant has agreed to escrow monies for a sidewalk before a certificate of occupancy is granted.  The applicant is also asking for two waivers; one for parking and one for lighting.

Discussion followed regarding the lighting standards.  K. Corcoran noted that this dental office does look like a residence and is located where properties are transitioning out of a commercial zone into a residential zone.  It is important that the height of the fixture is not too tall and that the lamp gives off white light, as opposed to a yellow cast.  F. Herba agreed to work with the Planning Department to come up with an acceptable fixture.

Chairman Carr opened the hearing to the public.

With no one wishing to speak regarding this application, the public hearing was closed.

M. Carr asked the caliper of the cherry trees and reminded the applicant that the requirement is 2.5 inches for street trees.  F. Herba agreed to the size of the trees and to consult with Planning Department regarding the sub-species of the cherry trees selected.

Discussion followed about determining the amount of money to be escrowed for the sidewalk.

MOTION

In the matter of the site plan review application by Anthony Ferraro for the conversion of an existing single-family residence into a dental office located at 231 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:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

In the matter of the final site plan review application by Anthony Ferraro for converting a single-family residence into a dental office located at 231 Saratoga Road, the, 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 conform to other applicable provisions of the Zoning Ordinance, including, but not limited to, landscaping requirements, building design, off-street parking requirements, building setbacks, fence requirements, sign regulations, storm water management and erosion control requirements, etc.
Planning and Zoning Commission Minutes
October 8, 2007
Page 9

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

3.      The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.

Conditions of Approval:

1.      Applicant is to provide larger diameter cherry trees (2.5 inches) as per the Town Center Master Plan specifications.
2.      The lighting requirement is waived and a similar lighting fixture will be determined with consultation of the Planning Department.
3.      The applicant will provide the proposed sidewalk delineation and calculations for the escrow amount will be based on this delineation.
4.      The parking location requirement is waived due to the fact that this is an existing structure.
5.      The parking lot light fixture is to provide white light.
Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


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

Lowe’s is proposing to subdivide the 300-acre Piotrowski parcel into four lots.  One of the proposed lots, consisting of 19.59 acres, would see the construction of a 171,069 sq. ft. home improvement store.  The applicant was represented by Terresa Bakner and James Baglioli, Whiteman, Hanna, Osterman, Rob Jess, Lowe’s Home Centers, Marty Zanghi, Chazen Engineering, Kelly Kirchner, Creighton Manning Associates, and David Ray.

M. Zanghi gave a brief description of the changes to the plan since the last meeting.  He stated that the outparcel is now labeled ‘retail/restaurant’ and street trees are shown as per the land-scaping manual.

Chairman Carr stated the Commission is ready to move on this application and read the motions into the minutes as follows:

MOTION

Lowe’s Home Centers, Inc (the “Applicant”) on behalf of the property owner, Ida Piotrowski, the
Planning and Zoning Commission Minutes
October 8, 2007
Page 10

Town of Glenville Planning and Zoning Commission (“Commission”) for final approval of a four-lot, major subdivision application by Lowe’s Home Centers, Inc. of a 291+  acre property (tax map # 30.-1-24.32) located off of Freemans Bridge Road and Sunnyside Road.  

The Project was referred to the Schenectady County Department of Economic Development & Planning, in accordance with General Municipal Law §239-L, and the Schenectady County Department of Economic Development & Planning reviewed the Project and deferred to local consideration.

The Commission, as SEQRA lead agency and in accordance with SEQRA, adopted a determination that the project will not have a significant adverse impact on the environment for the reasons set forth in the negative declaration adopted April 9, 2007.

On August 13, 2007, the Commission granted preliminary approval of the four-lot, major subdivision application by Lowe’s Home Centers, Inc. of a 291+  acre property (tax map # 30.-1-24.32) located off of Freemans Bridge Road and Sunnyside Road.

On September 10, 2007, the Commission held a duly notice public hearing on the final subdivision application submitted by Lowe’s where the public was given an opportunity to comment on the proposed application.

In the matter of the final subdivision application submitted by Lowe’s Home Centers, Inc. of a four-lot, major subdivision application by Lowe’s Home Centers, Inc. of a 291+  acre property (tax map # 30.-1-24.32) located off of Freemans Bridge Road and Sunnyside Road, the Commission hereby approves the application subject to the following conditions:

1.      Utility work, grading, earth moving or site preparation work on Lot No. 1 needed to accommodate construction of the Lowe’s store on Lot No. 2 can be undertaken in accordance with all local, State and Federal laws.

2.      Future design and construction of any building on Lot No. 1 must comply with the applicable NYSDEC and NYSDOH requirements, laws, and regulations in connection with the perchloroethylene (PCE) contamination that exists in the soil and groundwater of
Lot No. 1 and will require final site plan approval from this Commission.
3.      The following items from the Negative Declaration will be added as notes on the subdivision plan:

·       A health and safety plan will he developed and followed to ensure proper monitoring and protection of health.

·       Future buildings constructed over the PCE plume, on the Lowe's project site and on the 2.41-acre outparcel are to incorporate a vapor barrier to prevent PCE vapor
Planning and Zoning Commission Minutes
October 8, 2007
Page 11

migration into the building(s). This is accomplished through positive venting beneath building floor slabs as well as with installation of an impermeable vapor barrier between the floor slab and the ventilation layer.

·       All excavation activities on the project site are to include measures to monitor air quality for the presence of volatile organic compounds (VOCs) to protect the health of workers and others who may be in the area. If excavation occurs within or near the water table, it may be necessary to use personal protective equipment for workers. The project heath and safety officer who's responsible for monitoring during excavation and construction will determine if and when personal protective equipment shall be used.

·       Groundwater pumping/dewatering activities over and in the vicinity of the PCE plume shall be avoided to the maximum extent possible. If dewatering does become necessary, engineered measures for handling and disposing of the water will be implemented with disposal of water containing hazardous materials to be performed in accordance with NYSDEC and USEPA laws and program requirements. NYSDEC is to be consulted prior to any dewatering activities. If dewatering is to occur, it must be done in accordance with a NYSDEC-approved dewatering plan.

·       Utility installations and cut and fill operations shall be engineered to avoid intercepting contaminated groundwater to the maximum extent possible.

·       All excavated soils shall be characterized to determine the presence/absence of volatile organic compounds and contaminated soils shall not be utilized for backfilling any areas of the project site. Soil determined to contain volatile organic compounds shall be handled appropriately, including storing on polyethylene sheeting and covered with same, and shall be disposed of properly at an approved, off-site disposal facility. Soils shall be removed from the site within 60 days of generation.
Motion:  M. Carr         Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

Lowe’s Home Centers, Inc (the “Applicant”) has petitioned the Town of Glenville Planning and Zoning Commission (“Commission”) for site plan approval to allow for a +/-171,069 square foot retail store and associated on-site improvements located on a 19.59-acre parcel off of Freemans Bridge Road (known as Lot 2).

Planning and Zoning Commission Minutes
October 8, 2007
Page 12

The Project was referred to the Schenectady County Department of Economic Development & Planning, in accordance with General Municipal Law §~239-M, and the Schenectady County Department of Economic Development & Planning reviewed the Project and deferred to local consideration.

The Commission, as SEQRA lead agency and in accordance with SEQRA, made a determination that the project will not have a significant adverse impact on the environment for the reasons set forth in the negative declaration adopted April 9, 2007.

On August 13, 2007, the Commission granted preliminary site plan approval to 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 (known as Lot 2).  

On September 10, 2007, the Commission held a duly notice public hearing on the final site plan application submitted by Lowe’s where the public was given an opportunity to comment on the proposed application and only one member of the public commented.

The Lowe’s Project originally proposed building the entire length of the Collector Road as contemplated by the Freemans Bridge Road Masterplan adopted June 16, 2004.  Pursuant to the Final Traffic Impact Study (TIS) prepared by Creighton Manning Engineering, LLP (CME) dated July 12, 2006, certain off-site highway improvements were identified along Freemans Bridge Road to mitigate the traffic impacts of the Lowe’s Project as documented in the plan prepared by CME entitled “Phase 1 Improvements,” dated August 2007, and submitted to the Commission on August 24, 2007 (the “Phase 1 FBR Improvements”). Furthermore, the TIS concluded that completion of the Entire Collector Road (i.e. extension and connection to Sunnyside Road) was not required to mitigate traffic impacts for the Lowe’s Project. In light of the TIS findings and meetings with NYSDOT, the P&ZC (as well as Lowe’s) concluded it was in the best interest of the public to allocate resources and funds for additional improvement to Freemans Bridge Road as documented in the plan prepared by CME entitled “Phase 2 Improvements,” dated August 2007, and submitted to the Commission on August 24, 2007 (the “Phase 2 FBR Improvements”), beyond the Phase 1 FBR Improvements, rather than building the entire Collector Road to Sunnyside Road.  

In the matter of the final site plan review application submitted by Lowe’s Home Centers, Inc. to allow for a +/- 171,069 square foot retail store and associated on-site improvements located on a 19.59-acre parcel off of Freemans Bridge Road (known as Lot 2) the Commission hereby approves the application, as well as the requested waivers which are attached here to, subject to the following conditions.  

1.      An application for a work permit from Lowe’s shall be submitted to the New York State Department of Transportation for the proposed Phase 1 FBR Improvements, utility work,

Planning and Zoning Commission Minutes
October 8, 2007
Page 13

traffic signal installation, driveway alterations, etc. within the Freemans Bridge Road right-of-way.

2.      The applicant shall undertake the Phase 2 improvements conditioned upon: (1) a schedule that allows for concurrent construction of the Phase 2 FBR Improvements with the Phase 1 FBR Improvements; (2) the Town obtaining the real property rights to permit the construction of the Phase 2 FBR Improvements; and (3) NYSDOT approval of the Phase 2 FBR Improvements.  If the Phase 2 FBR Improvements cannot be completed concurrently based on items 1 through 3 above, Lowe’s agrees to place funds in escrow with the Town of Glenville for construction of the Phase 2 FBR Improvements.  The amount of such funds will be determined by mutual agreement of the Town of Glenville Town Board and Lowe’s following consultation with NYSDOT.

3.      The applicant shall submit final drawings for the Phase 1 FBR Improvements on Freemans Bridge Road 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, signature page or executed easement from affected landowners indicating consent to proposed alterations of their driveways, parking areas, green space, etc. Lowe’s has obtained all the necessary agreements for the Phase 1 FBR Improvements. For Phase 2 improvements proposed on Freemans Bridge Road, the applicant shall submit final drawings for the Phase 2 FBR Improvements 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.”

4.      Additional road, utility, and driveway improvements and alterations to and adjacent to Freemans Bridge Road south of Lowe’s frontage (the Phase 2 FBR Improvements) are being considered by the Glenville Town Board, New York State Department of Transportation, and Lowe’s.  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.

5.      The applicant has agreed to repair any damage to the Town water line that results from or arises out of the construction of both the Phase 1 and Phase 2 FBR Improvements to the extend such improvements are undertaken by Lowe’s.

6.      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.

Planning and Zoning Commission Minutes
October 8, 2007
Page 14

7.      This final approval also includes the proposed landscaping on Lot 1 along Freemans Bridge road frontage which is depicted on Sheet LS-1 in connection with “Lot 1 Initial Phase Development Plan” detail on Sheet SP-5B that is to be constructed concurrently with Lot 2 development.”  The Commission reserves the right to revisit the issue of this landscaping on Lot 1 at the time of final site plan approval for Lot 1.

8.      Utility work, grading, earth moving or site preparation work on Lot No. 1 needed to accommodate construction of the Lowe’s store on Lot No. 2 shall be undertaken in accordance with all local, State and Federal laws.
Motion:  M. Carr         Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED

The following are the waivers granted for Lot 2:

Waivers

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.  Screening materials for these elements shall be consistent with the principal materials of the building and landscape.  Screening materials shall not be required for 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.
This Commission has review a waiver of §270-74B(2) and has determined that the loading dock is a necessary part of Lowe’s operation and has been adequately screened to avoid any impact as a result of its placement.

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


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October 8, 2007
Page 15
located between the front facade of the principal building(s) and the abutting public street(s).
(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.
This Commission has reviewed a waiver of §270-134D(2)(b)[1] and has determined that by locating parking in front of the Lowe’s building will assure customer safety and, based on the home improvement nature of the building, will make pick-up of building and construction materials by customers more efficient.

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.
(1) Waivers will be required since tilt-up pre-cast concrete panels are proposed.

This Commission has reviewed a waiver of §270-134C(3)(b)[4] and determined that the building materials proposed in connection with the Lowe’s, both the tilt-up pre-cast concrete panels and split-face concrete block, will be attractive and comply with the intent of this code section.

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.
This Commission has reviewed a waiver of this section and determined that by not having a customer entrance on the right side of the Lowe’s it will ensure customer safety because delivery trucks will be utilizing that side of the building.  A side entrance will conflict with loading and delivery and pose a safety issue.
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Page 16

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 Commission has reviewed a waiver of §270-137C(4)(c) and determined that the proposed height of lighting are needed to ensure a safe customer environment.  Additionally, the proposed lighting has been shown not to spill off-site and has been designed to be downward shielded.
Motion:  M. Carr         Seconded:  W. Pryne
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

On August 13, 2007, the Planning and Zoning Commission granted preliminary site plan approval to 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 (known as Lot 2).  

In connection with that application, Lowe’s has requested approval of a 12,000 s.f. proposed retail/restaurant building with 112 parking spaces located on a 2.41-acre parcel off of Freemans Bridge Road (known as Lot 1).  The 12,000 s.f. retail/restaurant building has been reviewed by the Town in connection with other site issues related to the development of the Lowe’s Home Improvement Center, including lighting, drainage, landscaping and traffic impacts.

In the matter of the preliminary site plan review application submitted by Lowe’s Home Centers, Inc. for the 12,000 s.f. proposed retail/restaurant building, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary site plan approval are as follows:

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

·       Waivers 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.  This Commission grants a waiver from Town Code §270-134D(2)(b)[1], which requires that 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
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October 8, 2007
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facade of the principal building(s) and the abutting public street(s) with the actual percentage of the parking between the front façade and the principal building and abutting public street shall be determined prior to final site plan approval and shall be consistent with the proposed use of the principal building.

·       The Commission reserves the right to review the parking between the front façade of the principal building and the abutting public street and internal landscaping of this parcel when an end user is identified and a final site plan application is submitted.

·       Final architectural design and elevation plans are to be submitted to and considered by this Commission prior to a decision being rendered on the final site plan review application.

·       Construction of the 12,000 s.f. retail/restaurant building 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 building should nearby subsurface PCE contamination migrate into soils underlying the retail/restaurant building unless said contamination has been eliminated or reduced to meet NYSDEC clean-up standards.

·       The following items from the Negative Declaration will be added as notes on the site plan:

o       A health and safety plan will he developed and followed to ensure proper monitoring and protection of health.

o       Future buildings constructed over the PCE plume, on the Lowe's project site and on the 2.41-acre outparcel are to incorporate a vapor barrier to prevent PCE vapor migration into the building(s). This is accomplished through positive venting beneath building floor slabs as well as with installation of an impermeable vapor barrier between the floor slab and the ventilation layer.

o       All excavation activities on the project site are to include measures to monitor air quality for the presence of volatile organic compounds (VOCs) to protect the health of workers and others who may be in the area. If excavation occurs within or near the water table, it may be necessary to use personal protective equipment for workers. The project heath and safety officer who's responsible for monitoring during excavation and construction will determine if and when personal protective equipment shall be used.

o       Groundwater pumping/dewatering activities over and in the vicinity of the PCE plume shall be avoided to the maximum extent possible. If dewatering does become necessary, engineered measures for handling and disposing of the water will be implemented with disposal of water containing hazardous materials to be performed in accordance with NYSDEC and USEPA laws and program requirements. NYSDEC
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is to be consulted prior to any dewatering activities. If dewatering is to occur, it must be done in accordance with a NYSDEC-approved dewatering plan.

o       Utility installations and cut and fill operations shall be engineered to avoid intercepting contaminated groundwater to the maximum extent possible.

o       All excavated soils shall be characterized to determine the presence/absence of volatile organic compounds and contaminated soils shall not be utilized for backfilling any areas of the project site. Soil determined to contain volatile organic compounds shall be handled appropriately, including storing on polyethylene sheeting and covered with same, and shall be disposed of properly at an approved, off-site disposal facility. Soils shall be removed from the site within 60 days of generation.
Motion:  M. Carr         Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED

R. Jess thanked the Town, staff, and the Commission for their help with this project.  


7.     Belmonte Builders, Inc.                                                            Change of Zoning
  Swaggertown Road                                              (Recommendation to the
                                                                        Town Board)
                                                       
The applicant is requesting a change of zoning for their recently approved “Glenview Estates” residential subdivision to allow a mixture of twin homes and single-family homes.  The applicant is proposing two different options for the Phase II portion of the project (Phase I consists of 26 single-family homes).  One option calls for 18 single-family homes and 36 twin homes while the other option calls for 33 single-family homes and 16 twin homes.  

Gavin Vuillaume, Environmental Design Partnership, addressed the Commission.  He displayed a drawing showing the originally approved Phase I of this project.  Phase II includes a Planned Development District.  He provided two alternatives to the plan originally submitted in September for the Commission to consider which include smaller patio homes and twin homes.  One plan placed the patio homes toward the front of the site with the twin homes in the rear and the second proposal placed all patio homes on the main access road and the twin homes on the cul-de-sac.  This fits the topography of the property and results in 75 units.

Discussion followed regarding the location of the twin homes, intensity of use of the roads, blending communities and mixed housing.  The members voiced concerns of maintaining the character of the existing community and twin homes becoming rental units.  S. Marsh suggested that 16 twin homes on the cul-de-sac would not greatly affect Swaggertown Road properties and

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it may be a good place to test this type of housing in Glenville with minimum impact on the neighborhood.  

Developer Peter Belmonte said the permitting process is progressing with NYS DEC and the Department of Health and he hopes to start construction of the sewers in the early spring of 2008.

W. Pryne said he is concerned about the slope of the access road at the intersection with Swaggertown Road.  G. Vuillaume stated that the road is designed with a flat area at a three percent road grade.  The temporary construction road is not what the finished road will look like.  He also stated that the access road will be a town-owned road.

M. Carr read the following comment from the county regarding this application:  The Schenectady County Department of Economic Development and Planning approves of the proposal contingent upon the applicant demonstrating to the Town’s satisfaction that proposed stormwater management facilities can accommodate proposed increase in impervious area.

D. Gilgore stated that the additional water use will not be a problem for the town and the waste will be good for the system.  Once it is clear on the direction the developer is to go with housing, the location of retention basins will be worked out with the engineering department.

When asked, G. Vuillaume pointed out the pump house structure on the map which will house a generator.  The generator will have an on-board tank.

MOTION

In the matter of the zoning map amendment application by Belmonte Builders, Inc. for property located on Swaggertown road, the Planning and Zoning Commission recommends that the Town Board approve the application.  The application is for Phase II which includes 33 single family units and 16 twin homes and changes the zoning from Suburban Residential to Planned Development District.
Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


8.      Jerry Riggi & Sons, Inc.                                        Major (4-lot) Subdivision
        Mohawk Avenue and Cramer Avenue                 (Preliminary – Continued
                                                                                from June)

The applicant is proposing a major subdivision (extension of utilities triggers the “major” label) consisting of four new single-family lots on a 2.6-acre parcel.  The site is located on the
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Page 20

southwest corner of Route 5 and Cramer Avenue.  Public water will be extended from Glen Avenue and sanitary sewer service provided by a low pressure force main.  The parcel is located within the Suburban Residential zoning district.  

Tom Andress, ABD Engineering, represented Mr. Riggi.  He addressed questions that have been posed regarding the application.  The water main has been increased from an 8” to a 12” diameter line.  The drywells in the rear for stormwater management are now individual retention areas which will be maintained by the homeowners.  There will be a deed restriction preventing filling the area in or construction over these areas.  These areas will also be shown on the plans for each individual lot.

M. Carr asked D. Gilgore if the drainage issue has been addressed adequately, and he replied that due diligence has been done and he is comfortable with the results.  P. Huff asked if the town would have a problem enforcing this restriction.  T. Andress explained that the area is approximately 70’ from the back of the house before the slope of the detention area starts.  P. Borisenko suggested that the restriction be included as a condition of approval in addition to wording placed on the filed map and in the deed.

MOTION

In the matter of the preliminary major subdivision application by Jerry Riggi and Sons, Inc. for a 4-lot subdivision located at the intersection of Mohawk Avenue and Cramer Avenue, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary subdivision approval are as follows:

1)      The homeowner will be required to maintain the detention areas on the property which are restricted by deed, map, and this condition of approval.

The commission hereby schedules a public hearing for the November meeting to consider the final subdivision application.  However, in order for the Commission to schedule a public hearing, 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. (November 19th)
Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


9.      Nancy Cappiello                                         Site Plan Review
        562 Saratoga Road                                               (Preliminary)
                                                                                        
The applicant is seeking site plan approval to convert an existing detached garage into an
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October 8, 2007
Page 21

exercise room, which in turn will be leased by a sports trainer for instructional services.  The parcel is located on the northeast corner of Kile Drive and Saratoga Road, within a Professional/Residential zoning district.

N. Cappiello addressed the Commission.  She said the 3-stall garage would be finished with updated wiring and sheetrock.  A personal trainer would see 3-4 people a day, 1 client per hour.  The trainer would have hours probably every other day.  There would be changing room with a toilet, but no shower.

M. Carr said the site location map must be added to the site plan.  An engineering evaluation of the existing septic system to show that it is able to handle the additional gallons of water from the new toilet will need to be completed before the building inspector issues a building permit.  Any reference to a shower should be removed from the site plan.

P. Huff asked if the hours of operation are daytime only and N. Cappiello said yes.

It was determined a parking plan would not be necessary due to the minimal number of clients at any one time.

MOTION

In the matter of the preliminary site plan review application by Nancy Cappiello for conversion of an existing garage into an exercise room, located at 562 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary approval are as follows:

1)      The applicant is to provide an engineering evaluation narrative regarding the adequacy of the existing septic system.
2)      The site location map is to be added to the site plan.
3)      All references to a shower in the building are to be removed.

The Commission hereby schedules a public hearing for the next regularly scheduled Planning and Zoning Commission meeting to consider the final site plan review application for this particular project.  However, in order for the Commission to schedule a public hearing, 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. (November 19th)
Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


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Page 22

10.     Michael Pelkey                                          Minor (2-lot) Subdivision
        89 Swaggertown Road                                     (Preliminary)
                                                                                        
The applicant is proposing a two-lot subdivision that would result in the creation of a 30,000 sq. ft. residential building lot from the existing 1.7+ acre parent parcel.  Public water serves the properties.  The project site is located on the west side of Swaggertown Road, approximately 5,000 feet north of Cherokee Road.  The zoning of the site is Suburban Residential.   

Ray Koch, Surveyor, represented the applicant.  He corrected the description by saying the property is approximately 400’ north of the Horstman Farm.  It is the former garden area.  He said percolation tests will need to be done and the property is serviced by public water.

The Commission had no issues regarding this application.

MOTION

In the matter of the preliminary minor subdivision application by Michael Pelkey for a two-lot subdivision located at 89 Swaggertown Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary subdivision approval are as follows:

1)      Percolation tests are to be preformed.

The commission hereby schedules a public hearing for the next regularly scheduled Planning and Zoning Commission meeting to consider the final minor subdivision application.  However, in order for the Commission to schedule a public hearing, (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. (November 19th)
Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


11.     Chad Kiess                                                      Minor (2-lot) Subdivision
        680 Swaggertown Road                                    (Preliminary)
                                                                                        
This application calls for the creation of a 2+ acre residential building lot from the existing 7.5+ acre parent parcel.  The new lot would be served by public water.  The property is located on the east side of Swaggertown Road, across from the terminus of Bolt Road.  The property is zoned Rural Residential/Agricultural.  

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Ray Koch presented the proposal to the Commission members.

M. Carr stated the soils at this area are known to be very severe.  The depth to bedrock is 1 to 3 feet.  A notation should be added to the map stating: Due to poor soil permeability, shallow soils, and/or the presence of high groundwater on the project site, engineered septic systems may be required for development of these lots.  Engineered septic systems must be designed by a New York State Licensed Professional Engineer, and in accordance with the requirements of the Schenectady County Health Department.

It was suggested that Mr. Koch obtain a copy of Wayne Kant’s engineering report.  He was also asked to show where Bolt Road intersects with Swaggertown Road, as car lights may be an issue.

R. Koch said that Mr. Kiess is aware that parts of the property are very wet.  S. Marsh asked about the septic system shown, and it was suggested that R. Koch show the lines for the worst case scenario, which is the raised bed system, not the Wisconsin mound system.

MOTION

In the matter of the preliminary minor subdivision application by Chad Kiess for a two-lot subdivision located at 89 Swaggertown Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary subdivision approval are as follows:

1)      The foot-print of the worst case scenario septic systems are to be shown on the map.
2)      The engineering log prepared by Wayne Kant or dated documentation from the County Health Department regarding soil testing that was done is to be provided.

The commission hereby schedules a public hearing for the next regularly scheduled Planning and Zoning Commission meeting to consider the final minor subdivision application.  However, in order for the Commission to schedule a public hearing, (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. (November 19th)
Motion:  M. Storti       Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent

The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, November 19th, 2007.  (Please note date change due to Veteran’s Day observance).  The agenda meeting will be held on Monday, November 5th.  With no further items on the agenda, the meeting was adjourned at 9:35 p.m.
Submitted by:  Chris Flanders, Stenographer    Filed with Linda Neals, Town Clerk:      
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