Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Planning & Zoning Commission Minutes 05/14/2007





Town of Glenville
Planning and Zoning Commission
Monday, May 14, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Mike Carr, Walter Pryne, Jim Gibney, Tom Bodden, Steven Marsh and Mark Storti (arriving 7:25 p.m.)

Also Attending: Peg Huff, Town Attorney, Kevin Corcoran, Town Planner, Edward Rosenberg, Town Board Liaison, and Chris Flanders, Recording Secretary

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

Motion:  W. Pryne        Seconded:  T. Bodden
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED

2.    Garry Heflin, Inc.                                                Major (7-lot) Subdivision
       Valleywood Drive and Acorn Drive                         Correction of a Condition
                                                                        of Approval

At the April 9, 2007 Planning & Zoning Commission meeting, the applicant was assessed a recreation fee of $7,000.  The correct fee should have been $6,000.  This item is on the agenda to acknowledge the proper fee.    

MOTION

In the matter of the correction of a condition of approval of the Garry Heflin, Inc major subdivision application of property located at Valleywood Drive and Acorn Drive, Phase 2, and previously approved at the April 9, 2007 Planning and Zoning Commission meeting, the Planning and Zoning Commission approves the correction of the recreation fee to $6,000.

Motion:  T. Bodden       Seconded:  W. Pryne
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED

3.    Robert Mortensen                                          Site Plan Review
      1203 Amsterdam Road                                              (Preliminary)

The applicant is seeking approval to construct 16 apartments in two buildings on a 2.8-acre parcel.  The project will be served by extended public water service and existing sanitary sewer
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Page 2

service.  The project site is located on the south side of Amsterdam Road (NYS Route 5), across from the eastern end of the Scotia-Glenville Industrial Park, and abutting Maalwyck Park.  The property is located in a Multi-Family Residential zoning district.

Robert Mortensen addressed the Commission.  He described his project as two 8-unit apartment buildings with garages facing the road.  He has been granted the necessary zoning change and variances.  He has contacted the local fire department and agreed to add a fire hydrant in the front of the project.  He is now in the process of approval of both water and sewer district extensions for the project.

M. Carr asked about a coordinated sewer connection with the Town of Glenville for Maalwyck Park.  Mr. Mortensen said he was unaware of the proposal.  P. Borisenko noted that a coordinated sewer line connection would be convenient if both could be done at the same time.  M. Carr asked the applicant if this could be considered if it did not incur additional expense, and Mr. Mortensen said he would work with the Town on this idea.

P. Huff also noted that James MacFarland and the applicant have discussed the existing road in the rear of the parcel and tying it in with a walking trail in the park by bringing the road to the same level (elevation).

MOTION

In the matter of the preliminary site plan review application by Robert Mortensen for two apartment buildings, located at 1203 Amsterdam Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:
1.      The applicant agrees to work with the Town of Glenville for spossible coordination of sewer hookup for Maalwyck Park.
2.      The applicant agrees to bring the road in the rear to the same height as the walking trail in the park.

The Commission hereby schedules a public hearing for June 11, 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 June 11th, 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:  J. Gibney       Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 1       (Vote reflects arrival of S. Marsh)
MOTION CARRIED
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Page 3

4.     Steve Weekes / Glenville Mobil Mart                              Review of proposed awning
       245 Saratoga Road                                                                                               
Mobil is seeking approval to install a striped awning over the window display area on the front of the building (about 65% of building frontage).  The color scheme of the awning would match the corporate colors of Dunkin’ Donuts.   

S. Weekes presented the Commission members with a representation of awning colors; alternating plum and pumpkin.  The awning over the door is depicted as more prominent, plum-colored, and projecting 4½ feet.  He also provided a profile of the awning.  The dentil molding will be plum.

T. Bodden noted it is now consistent with the other Dunkin’ Donuts on Saratoga Road.

J. Gibney stated he would rather see the awnings one solid color.

MOTION

The proposed awning depicted in the sketch plan with alternating coloring, excepting the center awning which is a solid color, is acceptable in the standard Dunkin’ Donuts corporate colors of plum and pumpkin.  Sketch dated May 14, 2007.

Motion:  M. Storti       Seconded:  W. Pryne
Vote:   Ayes: 4 Noes: 2 Absent: 0         (Vote reflects arrival of M. Storti)
           MOTION CARRIED


5.    Gregg Crounse                                                     Site Plan Review
        88 Freemans Bridge Road                                 (Final – Public Hearing)

This proposal calls for the establishment of a laundromat in a portion (3,200 sq. ft.) of an existing building.  The project site is located in a General Business zoning district.  

Eric Holt, P.E., stated the Mr. Crounse has negotiated with Maytag representatives regarding the sign.  There will be no printing on the awning.  There will be a 2” water line and 6” sewer line.  The electrical system will be upgraded.  The ‘cyclops’ light on the front of the building will be removed.  Discussion followed regarding replacement lighting.  Mr. Crounse has contacted National Grid regarding a pole light in the right-of-way in front of the building.  It was noted that per the Freemans Bridge Road Master Plan, street lighting should comply with designated styles (Sternberg).  M. Carr said details on the proposed light pole will be required for review.


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E. Holt stated that a letter from the applicant has been submitted to the Town acknowledging the possibility of other uses for the remainder of the building may be limited due to parking requirements.  This letter is to be dated by the applicant.

M. Carr read a list of items discussed at the agenda meeting regarding this application.  They are:
1)  Planning and Zoning Commission needs a revised letter from the applicant stating that he understands that any business in the remaining portion of the building will be potentially compromised due to the lack of parking.  2)  Planning and Building Department staff need signage information.  3)  All items must conform to the Freemans Bridge Road Master Plan (and part of that plan is the lighting plan).

When asked, E. Holt said the sign will be blue and white in color.  It was noted that a maximum of three colors are allowed on the sign and the sign colors should compliment the color scheme of the building.  The building will be blue and white; it is now brown and white.

T. Bodden asked if the Freemans Bridge Master Plan addresses approval of part of a building.  K. Corcoran responded that although it is not common, it is not unusual for a request such as this.

Chairman Carr then opened the public hearing.

Neil Turner, 1965 Amsterdam Road, asked if the master plan should look at right-of-ways owned by National Grid and M. Carr said this could be addressed.  The probability of dealing with railroads and utilities are increased in this area of Glenville.

With no one wishing to speak further on this application, Chairman Carr closed the public hearing.

M. Storti asked about traffic circulation in front of the building and the adjacent Glenville Beverage Center in conjunction with the proposed traffic light to be installed at the Lowe’s project entrance currently under Town review.  G. Crounse said the egress would be consolidated at the new traffic light for patrons wishing to make a left turn onto Freemans Bridge Road.

MOTION

In the matter of the site plan review by Gregg Crounse, for a laundromat located at 88 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.

Motion:  M. Storti       Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED
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Page 5

MOTION

In the matter of the final site plan review application by Gregg Crounse for a laundromat located at 88 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 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.

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

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.  Signage is to be consistent with the Freemans Bridge Road Master Plan, a maximum of three (3) colors and match the color scheme of the building.
2.  The letter from the applicant regarding the potential use of the remainder of the building is to be dated and initialed.
3.  The applicant is to request National Grid to comply with the lighting type and style noted in the Freemans Bridge Road Master Plan and similar to the approved lighting at the Hess Gas Station and Central Plumbing and Heating.
4.  There will be no printing (advertising signage) on the awnings of the building.

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


6.      Colin Development, LLC – Amerada Hess                   Site Plan Review
        123 Freemans Bridge Road                                        (Preliminary) and
                                                                                Conditional Use Permit
                                                                        
The applicant has proposed a Hess Express gasoline station with 8 pumps and a convenience store.  The proposed car wash has been eliminated.  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.
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Page 6

Gavin Vuillaume, Environmental Design Partnership, represented the applicant.  Also present was Bill Wolfrom, Colin Development, Rob Jess, Amerada Hess, attorney Terresa Bakner, and Wendy Cimino, Creighton Manning Engineering.

G. Vuillaume said he has addressed items in the letters dated April 18th from the Glenville Planning Department and April 27th  from Barton & Loguidice, P.C., who provided an engineering review.  The front elevations of the building are being finalized and additional drainage devices have been added at the corner of the fuel canopy, which is now a common practice for primary and secondary treatment of drainage before discharge into basins.  The specifications were given to Chairman Carr.  A positive limiting barrier, (grooves in the pavement), captures a significant amount of material and also drains toward the basins.  

To adhere to the master plan, access to the side crosswalk at the driveway entrance and pedestrian access to the front of the convenience store from the street has been added.  G. Vuillaume said a waiver will be requested if a second sidewalk connection cannot be accommodated.

G. Vuillaume provided an 11” x 17” sketch indicating a new location for the dumpster.  It now prevents crossing the line of traffic and the dumpster is hidden better from the public and the neighboring property.  

G. Vuillaume said Barton and Loguidice asked for soil borings.  He said the soil borings were done in the detention basins; the soil was fine and about 4 ½’ to 6’ in depth.  The groundwater level varied.  Percolation tests were done; there was no problem.

K. Corcoran noted the depth-to-groundwater may be an issue with Town Engineering Technician D. Gilgore.  

S. Marsh asked if the apron underneath the canopy is sealed concrete; he was concerned with the porous nature of the material.  Discussion followed regarding the details of the concrete system which will be used.  Dispenser pans will be installed under the pumps.

T. Bodden asked where the fire hydrant will be located and G. Vuillaume answered it will be in the front and center of the site.

M. Carr asked what other businesses are proposed at the convenience store and G. Vuillaume said a “Godfather’s Pizza” concession is planned.  

M. Carr asked for a list of waivers the applicant is requesting.  K. Corcoran said a waiver for the location of more than 50% of the off-street parking located between the front façade and

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the abutting public street would be required.  More windows should be added to at least two facades of the building.  It was mentioned that the building is ‘pre-fab’ and the roof will be built on-site.  A variance will be needed for the signage.  It was noted that architectural variances would follow.  Discussion followed regarding variances vs. waivers for the project.

It was also stated that the Hess Corporation will own and manage the station; it will be manned by Hess employees.

MOTION

In the matter of the preliminary site plan review application by Colin Development LLC, Amerada Hess for a gas station and convenience store located at 123 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.      The waivers are to be granted, i.e., sidewalk issues on the Freemans Bridge Road side, parking in front, the building façade on south and west sides.
2.      Depth-to-groundwater issue addressed satisfactorily by the Town Engineering Department.
3.      Any signage variances must be approved by the Building Department and granted by the Zoning Board of Appeals.
4.      Positive limiting barriers and dispenser pans will be required.
5.      Lighting plan must conform to the Freemans Bridge Road Master Plan.

The Commission hereby schedules a public hearing for June 11, 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 June 11, 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:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED


7.     Nigro Companies                                          Amendment to previously-
       303 Saratoga Road                                               approved site plan                                      
This proposal calls for reconfiguration of the previously-approved Panera Plaza site plan.  The revised plan includes, among other changes, a larger “out building” (formerly targeted for Starbuck’s), a smaller primary building, the addition of seven parking spaces, the addition of a
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dumpster for Panera Bread, and relocating Panera from the primary building to the out building.

Steven Boisvert, Bergmann Associates, addressed the Commission.  He said the applicant is requesting minor modifications to the previously approved site plan for Panera Market Place. There are now a total of 70 parking spaces.  To add the additional seven spaces, the length of the main building was reduced.  The rendering was updated to show the Panera building in the front of the site as 90’ long along Route 50 and 45’ in depth.  The total square footage of the buildings remains the same.

There are sidewalk changes, the fence has been lowered to 3’ high, a 10’ x 20’ seasonal outdoor seating area is shown, and renderings of the elevations for the Panera building from Route 50 and from Sheffield Road were provided.

M. Carr listed the following concerns from his agenda meeting notes: 1) no lights, automobiles or other, shall shine through the fence on the southern and western portions of the property boundaries, specifically adjacent to any houses, 2) sidewalk shall include a 5’ buffer adjacent to the proposed fence and sidewalk, and 3) the fence along Route 50 is to remain, but may be installed at a lower height.

S. Boisvert said the fence on the southern and western sides of the property will be 8’ high.  The neighbor has asked that the existing pine trees be taken down.  

M. Storti asked if the fence would go through the neighbor’s driveway, and S. Boisvert said it would not.

M. Storti asked about the solid side of the building facing Sheffield Road in the renderings and K. Corcoran said the Town Center Master Plan only speaks to color and materials to be used.

M. Carr asked if the owners of Pizza Hut have been approached and Steve Nigro said he recently talked with Susan Backer, and will contact her again when she returns from Florida.

MOTION

In the matter of the amendment to the previously approved final site plan review requested by Nigro Companies for a Panera Plaza/Starbuck’s and three other commercial uses, located at 303 Saratoga Road, the Planning and Zoning Commission conditionally approves the amendment.



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Page 9

Conditions of approval:
1)      No lights, automobiles or other, shall shine through the fence on the southern and western portions of the property boundaries, specifically adjacent to any houses.
2)      The architectural style fence along Route 50 is to remain, but at a height of 3 feet.
3)      The changes approved are per drawing C100, revision date May 8, 2007.

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


8.      Pat Popolizio                                                   Site Plan Review
        2 Freemans Bridge Road                                  (Preliminary) and
                                                                                Conditional Use Permit
                                                                                (barbecue structure only)

This application involves review of an already-built outdoor barbecue/cooking structure in the front of the Water’s Edge Lighthouse Restaurant and a proposed pavilion in the rear of the property.

Gil VanGuilder represented Mr. Popolizio in this application.  He said this application is for a 200 sq. ft. seasonal pavilion area and patio off the existing restaurant.  It is also adjacent to the DEC boat launch.  Mr. Popolizio is in the process of purchasing the pavilion land from the Canal Corporation; this process takes about one year.

G. VanGuilder said items that have been discussed with the Planning Department and the Building Department include:  to demonstrate traffic through the site, (the parking is shown); sanitary facilities to be eventually connected to Town of Glenville sewer system (will pick up all existing, habited buildings – the restaurant is already connected.  This sewer connection is planned for 2008 and the Schenectady County Health Department has extended a waiver to allow portable toilets this season conditioned on this connection); the site drainage will not change; temporary erosion control measures include a silt fence; handicap parking is located close to the pavilion.

The pavilion would be used for those docking and could accommodate 40-60 people.  This is primarily on weekends and for special events in the afternoon to early evening.

Discussion followed regarding parking, as there could easily be 175-200 people at special events.  Different circulation patterns and access would be used for different events, with signage for traffic flow.


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Page 10

T. Bodden asked about the land acquisition status and G. VanGuilder said the mapping has been submitted to the Canal Corporation.  It would be a delineated patio/barbeque area only.

T. Bodden asked if overnight docking would be allowed and P. Popolizio answered no.

M. Carr reviewed comments from the Planning and Zoning Commission agenda meeting.  They were: 1) the applicant needs a variance on the smaller pavilion adjacent to the NYSDEC boat launching facility, 2) what will be the uses of the pavilion? (G. VanGuilder said it is for service of 40-50 people, with some food preparation/barbecuing) 3) the Planning and Zoning Commission needs a detailed parking plan, now and for any proposed uses (Paul Borisenko said there is adequate parking, G. VanGuilder will delineate parking and add traffic flow arrows), and 4) what is the plan for the septic system (this has been addressed earlier in the meeting).

T. Bodden asked if there is enough greenspace and if needed, is there more room for parking.  P. Borisenko answered the site probably easily meets greenspace requirements, although he has not done the calculations.  The facility is on separate parcels, with the lot line down the middle of the parking lot.  J. Gibney stressed the need for showing the parking and traffic flow.

MOTION

In the matter of the conditional use permit application by Pat Popolizio to establish a barbecue pavilion at an existing restaurant at 2 Freemans Bridge Road, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application.   

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

MOTION

In the matter of the preliminary site plan review application by Pat Popolizio for a barbecue pavilion at an existing restaurant, located at 2 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:
1.      Traffic flow, existing parking and number of parking spaces are to be shown on the site plan.
2.      Per the letter dated April 17, 2007 from the Andrew Suflita, Schenectady County Public Health Department to the applicant, all outbuildings are to be connected to public sewers by the 2008 season.


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Page 11

The Commission hereby schedules a public hearing for June 11, 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 June 11, 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:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED

MOTION

In the matter of the preliminary site plan review and conditional use permit application by Pat Popolizio, for a barbecue pavilion located at 2 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.

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


9.      Thomas R. Coppola                                                 Use Variance
        67 Maple Avenue                                           Recommendation to the ZBA

This application calls for the construction of a 1,500 sq. ft. addition to an existing nonconforming residence.  The property is located on the west side of Maple Avenue, about 0.2 miles north of the Animal Protective Foundation property.  The property is currently zoned Research/Development/Technology.

T. Coppola said the 900 sq. ft. house was built in 1996 and he would like to construct an addition.  He needs more space as he has just had a child.  

The house is currently on a septic system and he plans to connect to public sewers.  It would be a 700’ gravity run to the sewers and he has discussed this with D. Gilgore in the Engineering Department.

P. Huff explained a use variance is required because the property is zoned Research/Develop-
ment/Technology which does not permit residential use.


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Page 12

MOTION

In the matter of the use variance application by Thomas Coppola to establish an addition to a non-conforming residence located at 67 Maple Avenue, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application.   

Recommended conditions of approval:
1)      The applicant will work with the Town Department of Public Works to connect to the municipal sewer system.

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

K. Corcoran noted that the Commission should be aware of comments from Kevin Novak of the NYS Department of Transportation regarding the Hess gas station proposal.  Mr. Novak asked if the proposal will result in more post-development runoff into the State’s drainage system than pre-development runoff.  He also suggested moving the proposed driveway on Freemans Bridge Road to the north, to the paper street that is owned by Wal Mart.  The driveway could then be shared by any development or redevelopment of the property immediately north of the paper street.  This would also give Hess more room on their property for traffic control, stormwater management, and landscaping.  Mr. Novak said the queuing analysis for Dutch Meadows Lane in the Hess traffic study concludes that stacking/queuing of eastbound vehicles on Dutch Meadows Lane will not interfere with Hess’ proposed driveway on this street.  The Town may want to consider a condition that would allow the Planning and Zoning Commission to revisit the driveway issue if it is found that queuing of vehicles does regularly impact the driveway once Hess begins operating.  The Commission will discuss these comments at their next meeting.

The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, June 11, 2007.  The agenda meeting will be held on Monday, June 4.  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