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Planning & Zoning Commission Minutes 02/12/2007
Town of Glenville
Planning and Zoning Commission
Monday, February 12, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302



Present:        Chairman Mike Carr, Deputy Chariman Mark Storti, Walter Pryne, Jim Gibney, Steven Marsh, and Tom Bodden

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


1.               Approval of the minutes of the January 8, 2007 meeting as presented.

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


2.      Lowe’s Home Centers, Inc.                                       SEQR Determination of
Freemans Bridge Road    Significance, Zoning Map Amendment, Minor Subdivision and Site
Plan Review (Preliminary)

Lowe’s is proposing a 171,069 sq. ft. home improvement store on 20+ acres west of Freemans Bridge Road and a 12,000 sq. ft. retail store on a 2.6-acre parcel abutting Freemans Bridge Road.

Terresa Bakner, Whiteman Osterman, and Hanna, Rob Jess, Lowe’s Home Centers, and Martin Zanghi, Chazen Companies were present to discuss this application with the Commission.

T. Bakner stated the applicant is hoping for a determination of significance and a recommendation for a zoning map amendment at the March Planning and Zoning meeting after a few remaining issues are addressed.

M. Zanghi brought in plans with several cross section options for the proposed connector road as discussed and requested at the Planning and Zoning agenda meeting.  He stated that the


Planning and Zoning Meeting Minutes
February 12, 2007
Page 2

pavement sections in all of the options are identical and the primary issue is the use of curbs or gutters.

Discussion followed regarding the options.  The Department of Public Works is looking for sanitary sewers to be adjacent to concrete gutters which would necessitate the right-of-way to be increased to 90’.  The DPW prefers gutters over curbs because of maintenance issues.  M. Zanghi said curbing is less expensive to construct and less pavement for the Town to maintain.  He said if the Highway Department anticipates trouble traversing the curbs, ‘mountable’ curbs can be installed.

M. Zanghi said the subdivision plan was revised to keep the connector road section out of wetland buffers and which adds more traffic calming measures.  The Archeological Phase 1A and 1B studies are underway, but all field visits by the Army Corps of Engineers and SHIPO are postponed until spring due to weather conditions.

M. Zanghi added that the intersection placement is due to the sight distance and the property grade, aligning with stores on the east side of Freemans Bridge Road, and input from those business owners.  Traffic queing and the railroad tracks were also taken into consideration.  

The location of the store in the parking lot avoids interference with wetlands.

M. Carr asked if the retaining wall is the same as originally submitted and R. Jess said it is the same.  The visual impact with leaves both on and off plantings is not expected to be negative and a 6’ chain-link fence will be installed around the retaining wall for safety.  

D. Gilgore was asked to get a written statement from the Department of Public Works and Highway regarding the gutters, the sewer line under the parking lot, and the adequacy of an 8” sewer line.  He stated that gravity lines are preferable to force mains and pump station systems.  

Discussion then followed regarding maintenance of sidewalks, trees, utilities, curbs/gutters and street lights in the right-of-way.

S. Marsh noted that the advantages and disadvantages should be considered regarding the sewer line under the pavement, as mains may only be dug up once every 15-20 years.

It was agreed by all parties that this application would be continued at the March meeting.






Planning and Zoning Meeting Minutes
February 12, 2007
Page 3

3.      Timco Transportation, Inc.                                      Site Plan Review
                2801 Amsterdam Road                                     (Preliminary)

The applicant requests site plan approval to construct a 24’ x 30’ addition on the front of the existing building. The addition will be used as offices for the transportation company. The parcel is located within a Community Business Zoning District.  

Tim Adair, owner of Timco Transportation, addressed the Commission members.  He provided them with renderings of a landscape plan.  As his plan does not have 35% greenspace, he is applying for a variance to allow for less.  He said the building will match the current building with light gray fractured block and vinyl siding for the walls and burgundy trim.  

T. Adair said a new septic system is being engineered and will be relocated on the parcel as the existing tank is too close to the proposed building.

M. Carr stated that he has confirmed with the Building Inspector that the business is presently a non-conforming use, but the increased space requested is with the conforming use of the property.

M. Carr also noted for the record that the applicant has provided documentation from the Environmental Protection Agency regarding the applicants’ environmental practices.  T. Adair also has a letter regarding his contract with United Liquid Recycling, the company which removes waste oil every eight weeks.  No solvents, batteries, tires, or underground storage tanks are on site.  There are two above ground 275 gallon tanks, one for used oil and one for new oil.

T. Adair said his business involves the hauling of packaging products by tractor trailer.  No loading/unloading is done on the site unless there is a repair issue of one of the trucks.  Maintenance is only done on his own tractors and no warehousing is done on the property.  He said no materials other than records will be stored on the premises, and he stated that he would be willing to put that statement in writing.

T. Adair then discussed the net increase of greenspace.  The proposed building addition will be 724 sq. feet, but he will be adding 2,412 sq. feet of greenspace by adding arborvitae and eliminating the connecting driveway to Tel Oil and planting the area with grass.

P. Huff asked the date of the EPA letter and it was determined it is dated February 2006.

When asked, T. Adair said the floor drains have been disconnected.  They were filled with concrete and capped several years ago, before he purchased the property.  P. Borisenko noted that the variance application is on the February Zoning Board of Appeals schedule.

Planning and Zoning Meeting Minutes
February 12, 2007
Page 4

MOTION

In the matter of the preliminary site plan review application by Timco Transportation, Inc. for a 24’ x 30’ addition on the front of the existing building, located at 2801 Amsterdam Road, the Planning and Zoning Commission hereby conditionally approves the application.  

The Commission hereby schedules a public hearing for March 12, 2007 to consider the final site plan review application for this particular project.

Conditions of preliminary approval are as follows:

1.      The documentation of environmental practices is to be provided.
2.      It is agreed and understood that existing office space may not be used for storage of hazardous materials or any other materials that may adversely affect the aquifer in the event of a release.
3.      It is agreed and understood that the existing office space may not be used for increasing the use of the non-conforming use presently being practiced at this facility.

The Commission hereby schedules a public hearing for March 12, 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 March 12, 2007, 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: 6 Noes: 0 Absent: 0
MOTION CARRIED


4.      Robert Mortensen                                                Zoning Map Amendment
        Amsterdam Road                                          (Recommendation to the
                                                                                         Town Board)

The applicant has requested a change of zoning to establish a Multi-family Zoning District on 2.8 acres of land located along NYS Route 5 (Amsterdam Road). The subject property is currently zoned Professional/Residential. If the request is approved by the Town Board, the applicant envisions developing approximately 16 one and two bedroom apartments, subject to site plan review and approval.

Mr. Mortensen addressed the Commission regarding his proposal.  He stated that the rear of the garage will be facing Amsterdam Road and will look like the rear of a house, with shrubbery.  
Planning and Zoning Meeting Minutes
February 12, 2007
Page 5

T. Bodden read from the Glenville Environmental Conservation Commission minutes regarding the GECC’s concern about this application as follows: “…that once the applicant obtains the change of zoning, he could sell the property and the new owner could build out the site at a far greater density than is on the map, up to 50 or 60 apartments.”  The GECC minutes further indicate the strong recommendation to “require the developer to do a deed restriction to prevent potential overdevelopment by another developer.”  After discussion, it was concluded that the site plan review process would address any issues that could arise relative to the density of the project.

MOTION

In the matter of the zoning map amendment application by Robert Mortensen, to be located at Amsterdam Road, the Planning and Zoning Commission recommends that the Town Board approve the application.

Reasons supporting recommendation:

The Planning and Zoning Commission feels this is a good use of that property, especially as it is adjacent to Maalwyck Park and the multi-family use would blend well with the uses nearby.

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


5.      Colin Development, LLC – Amerada Hess                   Site Plan Review and
        123 Freemans Bridge Road                                        Conditional Use Permit
                                                                        (Preliminary)

The applicant has proposed a Hess Express gasoline station with 8 pumps, canopy, 3,514 square foot convenience store, a car wash, landscaping, and stormwater management facilities. The site is located at the intersection of Dutch Meadows Lane and Freemans Bridge Road and presently consists of three parcels which will be consolidated under single ownership. The properties are located within a General Business Zoning District.

Gavin Vuillaume, Environmental Design Partnership, represented the applicant.  He gave a brief description of the site plan.  Currently on the property are two homes which will be removed, and replaced with a Hess Express and fuel canopy.  The placement of the building is critical and was determined by the best circulation pattern and safety, as three sides of the property front heavy traffic.  He said he has received a letter from the Department of Transportation, but it is rather non-committal.  He said the applicant is working with Creighton
Planning and Zoning Meeting Minutes
February 12, 2007
Page 6

Manning Engineering and Mr. Vuillaume hopes to have a finished traffic report in hand by the March Planning and Zoning Commission meeting.

G. Vuillaume explained the applicant is conforming with the roof lines of neighboring existing and proposed buildings on Freemans Bridge Road and placing the building close to the road per the Freemans Bridge Road Master Plan.  Green areas and sidewalks with architectural period lighting per the master plan are also included.  There is a small sitting bench area proposed near the intersection and a one-stall carwash is attached to the building.

M. Carr noted that gas stations are permitted in the Freemans Bridge Master Plan, but not recommended.  Attorney James Baglioli said the site is now zoned General Business and will probably remain so.   

Bill Wolfrom of Colin Development discussed the building itself.  He said the roof is generally built in the field and the base is delivered in two pieces from Georgia.  The siding looks like wooden clapboard.  

M. Storti questioned how landscaping, etc. will be affected if Freemans Bridge Road is eventually expanded to 4 or 5 lanes.

M. Carr asked if the car wash is necessary to the business.  Discussion followed regarding the economics and viability of adding a car wash to the function of a one-stop shopping facility.

Discussion also followed regarding fire suppression canisters, canopy drains, and sidewalk maintenance.  B. Wolfrom stated Hess would be willing to maintain the sidewalks whether or not they are on private property.

Salt tolerant tree species were discussed, as well as desired size and height for the street trees.

M. Carr read from the Schenectady County Zoning Coordination referral which points out “the necessity of three access points to the site should be considered carefully.  The full movement driveway at the southwest corner of the site is very close to the intersection.  With regard to the sidewalks, consideration should be given to extending them to the intersections and installing ADA compliant ramps.”

B. Wolfrom also stated that there will be no fencing around the site, but there will be a trash enclosure which can be block or clapboard to match the building.  He also showed the Commission a different canopy style and offered to provide a rendering with an alternative fuel pump canopy and with the building moved back away from the road to allow for road widening for the next meeting.

Planning and Zoning Meeting Minutes
February 12, 2007
Page 7

Both the applicant’s representatives and the Commission members agreed to continue this application review at the March Planning and Zoning Commission meeting.


6.      Timothy Coppola                                         Site Plan Review and
        Business Boulevard – Corporations Park                  Conditional Use Permit
                                                                                        (Preliminary)

The applicant has requested site plan approval to construct a 14,400 square foot contractor’s office/warehouse on an existing 1.6 acre site within Corporations Park. Access to the site is from Business Boulevard and Progress Parkway.  Public water and sanitary sewer services are available at the property line. The property is located within a Research/Development/-Technology Zoning District.  

Frank Herba, the applicant’s engineer, addressed the Commission regarding this application.  He explained that the proposed building will be the first parcel seen as entering the industrial park.  Parking will be on Business Boulevard and in the rear of the building.  In front of the building is an existing triangle of pavement.  This will be eliminated, providing more green space.  The existing sign will be removed, and a new sign complying with town regulations will be installed.  Pole lighting with vertical cut offs will be installed to keep light spillage to a minimum.  Trash containers will be placed on both sides of the parcel.  There is an existing stormwater drainage system on the site.

F. Herba said the building would be drive-thru for trucks.  It will be a steel structure with 12’ high walls and 25’ high to the top of the mansard roof.  

M. Carr asked what type of business the applicant is involved in and T. Coppola answered that he owns a commercial construction business.  Mr. Coppola said he and other contractors need parking for their vehicles, although he does not have any tenants in mind at this time.

M. Carr listed concerns that had been brought up at the agenda meeting and F. Herba addressed them as follows:

Is the storm water retention basin located on Town property?  Originally it was on Town property but that has been corrected.

Are there any floor drains or oil/water separators?  No.

Stormwater calculations and a Stormwater Pollution Prevention Plan will be required.  The calculations must be reviewed by Town designated engineering firm at the applicant’s expense.

Planning and Zoning Meeting Minutes
February 12, 2007
Page 8

The applicant must consider a vegetative buffer along the road.  A row of cedars is planned for the front of the building.

Unregistered vehicles are not allowed.

The Commission requests a list of materials to be stored in the building (roofing tars, glues, etc.).

M. Storti asked if the applicant is aware of the master plan being developed for the Scotia- Glenville Industrial Park, and that there may be changes to Business Boulevard and Progress Parkway.  

P. Borisenko noted that the industrial park is about the only place in Town where contractors can legally leave their vehicles.  Enforcement of regulations regarding trucks in residential areas is problematic.

MOTION

In the matter of the preliminary site plan review application by Timothy Coppola for a 14,400 square foot contractor’s office/warehouse, located at Business Boulevard, Corporations Park, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

The Commission hereby schedules a public hearing for March 12, 2007 to consider the final site plan review application for this particular project.

Conditions of preliminary approval are as follows:

1.      A Stormwater Pollution Prevention Plan will be required, and will be reviewed by a Town designated engineering firm, along with all stormwater calculations.
2.      Applicant must consider a vegetative buffer along the road.
3.      Unregistered vehicles are not allowed.
4.      Applicant must provide a listing of all materials to be stored in the building.

However, in order for the Commission to schedule a public hearing for March 12, 2007, nine (9) copies of the revised site plan must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing date.

P. Huff asked if the stormwater calculations will be prepared and if the engineering department will be able to review the stormwater calculations prior to March 12.  Chairman Carr advised the applicant that time is an issue, and the sooner the calculations are received by the Town, the sooner engineering can review them.

Planning and Zoning Meeting Minutes
February 12, 2007
Page 9

Discussion followed regarding conducting a public hearing, but not voting next month if the required information is not provided in a timely manner.

T. Bodden referred to the GECC meeting minutes regarding this application and said the conditions of the Planning and Zoning Commission approval addresses the GECC concerns.  

K. Corcoran asked that the applicant reconsider the planting of cedars.  Although they are fast growing, he suggested they are not the most esthetic.  F. Herba said he would research some other options.

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


7.      Albany Partners, LLC                                    Discussion re: revisions to
Sarnowski Drive the previously approved site plan
                                                                                
The applicant has hired a consultant to seek a flood plain amendment from the Federal Emergency Management Agency (FEMA).  The consultant has prepared a revised flood plain map for the project site and surrounding area, with the site plan for the “Reserve at Glenville” apartment complex having been revised accordingly.  

David Bogardus, Northeast Land Survey, explained the current status of this application.  Approval for the project was obtained in 2004 contingent upon looking at the floodplain boundaries.  The plan was revised by removing four buildings that were in the floodplain and adding a third floor to the remaining buildings which netted the same number of units.  The applicant and the engineers then realized the floodplain could be built upon, but the floodway could not.  Alton Knapp, a floodplain specialist, was then consulted.  Mr. Knapp did a complete floodplain analysis of the Kromme Kill from Freemans Bridge Road to the end of the Piotrowski property.

D. Bogardus said the results of the floodplain study differ greatly from the FEMA maps of 1984.

The site plan has been modified to six less units; there is a mix of two and three-story buildings.  The skating rink and warming hut can still be as originally approved.

Alton Knapp addressed the Commission members.  He stated he is a certified floodplain manager and has been involved with floodplain management since 1974.  He said revising town flood maps is not new.  FEMA has created a method by which floodplain maps can be changed.
Planning and Zoning Meeting Minutes
February 12, 2007
Page 10

Revisions can be made based on existing conditions.  Elevations, channel width, bridges, etc. have changed or been corrected from original siting data.

Discussion followed on determining encroachment limits of the floodway and the process of requesting revisions from FEMA.  A. Knapp said FEMA is first asked for a letter of map revisions to correct the floodway; second, a letter of map revisions is requested based on the placement of fill.  He explained that fill is allowed in the floodplain area.

M. Carr stated that he personally does not have a problem with the applicant phasing or moving forward on the portion of the project outside of the area in question.  

Neil Swingruber, Albany Partners, said he will continue to gather information.


In new business and for the record, Chairman Carr stated that a request by McDonald’s Corporation to extend the previously imposed condition of approval regarding the removal of the building located at 241 Saratoga Road from February 1, 2007 to March 7, 2007 has been granted through a motion passed at the agenda meeting; vote: 5/0 in favor.  The Commission felt that the request was reasonable as asbestos-containing material was found at the site, and appropriate measures must be taken before its removal.


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, March 12, 2007.  The agenda meeting will be held on Monday, March 5th.  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