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Planning & Zoning Commission Minutes 03/12/2007
Town of Glenville
Planning and Zoning Commission
Monday, March 12, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302



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

Excused:        Chairman Mike Carr

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

1.      Approval of the minutes of the February 12, 2007 meeting as presented.

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

2.      Timco Transportation, Inc.                                      Site Plan Review
                2801 Amsterdam Road                                     (Final - Public Hearing)

The applicant requests site plan approval to construction 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, president of Timco, addressed the Commission.  He recapped his project by saying he is looking for final approval of an addition to the front of his present building.  He provided a letter dated February 19, 2007 stating that the additional space will not be used to expand the current operation; that no hazardous materials of any kind will be stored in this new office area; and company records and/or office supplies will be stored in the vacated space.

Deputy Chairman Storti opened the public hearing.

Attorney Peg Huff asked the applicant about the outcome of his application to the Zoning Board of Appeals for an area variance, and T. Adair said the variance was granted for the amount of required greenspace.

Building Inspector Paul Borisenko added that both the watershed board and the water purveyor have approved the project.
Planning and Zoning Commission Minutes
March 12, 2007
Page 2

With no one wishing to discuss the application further, M. Storti closed the public hearing.

MOTION

In the matter of the site plan review application by Timco Transportation, Inc. for a 720 sq. ft. office addition, located at 2801 Amsterdam 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

In the matter of the final site plan review application by Timco Transportation, Inc. for a 720 sq. ft. office addition located at 2801 Amsterdam 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.  It is noted that a variance was obtained from the Town of Glenville Zoning Board of Appeals

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 exhibit satisfactory pedestrian and bicycle access and circulation, including separation of pedestrian traffic from automobile traffic, the placement and usefulness of on-site sidewalks and walkways, the accommodation for pedestrians at adjacent street intersections, and overall pedestrian and bicyclist safety and convenience.

4.      The proposed use does exhibit adequate and logical location, arrangement, and setting of off-street parking and loading areas, noting changes have been made.

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

6.      The proposed use does provide for the adequate type and arrangement of trees, shrubs, and other landscaping elements, as they relate to visual and noise buffering of adjacent sites and the reduction of visual impacts from the street, and does add green space to enhance the visual impact.

Planning and Zoning Commission Minutes
March 12, 2007
Page 3

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

Conditions of Approval:

1.  This space may not be used to expand the non-conforming use of the business.  
2.  No hazardous materials of any kind will be stored in this area.
3.  The vacated space will be used for the storage of company records.

Motion:  J. Gibney       Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


3.      Colin Development, LLC – Amerada Hess                   Site Plan Review and
        123 Freemans Bridge Road                                        Conditional Use Permit
                                                                        (Continued from January)

The applicant has proposed a Hess Express gasoline station with 8 pumps, canopy, 3,514 square foot convenience store, and car wash. 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.  Attorney Terresa Bakner, Bill Wolfrom, Colin Development, and Tony Pagano, Amerada Hess, were also present.

G. Vuillaume provided the Commission with photos of Hess stations located on Long Island.  

G. Vuillaume noted some of the changes to the site plan since the last Planning and Zoning Commission meeting.  The revised site plan shows added room in front of the facility in the event of future expansion of Freemans Bridge Road.  Creighton Manning Engineering is reviewing this project and suggested that an additional 12 feet would be needed for another road lane.  The plan now shows an additional 15 feet; the curb is moved back, the fuel canopy, and the building are also moved back.  This will now be green area and sidewalk.  

A second revision G. Vuillaume noted is the relocation of one of the entrance drives.  Access is from Dutch Meadows Lane and discussion with NYS DOT is going on regarding granting limited access from Freemans Bridge Road.  He stated this would be good for cross connection between retail spaces.  
Planning and Zoning Commission Minutes
March 12, 2007
Page 4

G. Vuillaume said the detention basin has been relocated and the car wash access has been changed.  Creighton Manning Engineering suggested access to the car wash should be in the rear which keeps motorists from accessing the car wash from the front of the facility or from the fuel canopy.  

G. Vuillaume stated a setback variance would be required because the Hess Express building has been moved to the rear of the parcel.  The required setback is 40 feet, and the plan shows the building at 25 feet from the rear property line.  

Tony Pagano explained why Hess feels that the car wash is a critical component of this project.  He said the cost of the property, the size of the property (1.7 acres), and the cost of the Hampton style building warrant the need of the additional revenue of the car wash.  He stated the building costs 30% more than the standard design.  The car wash generates on average 5-10% of the monthly revenue of the convenience store (not the gas sales).

M. Storti stated it is his opinion that there are too many car washes in the area.  The Hess Express building is architecturally beautiful, but the area has reached a saturation point in car washes.  He added that traffic flow issues can be decreased by eliminating the car wash.

T. Bodden said he is also against the idea of a car wash.

When asked, T. Pagano said the wash prices range from five to nine dollars, and an average of 25 washes a day are purchased.  J. Gibney noted the numbers equate to approximately $63,000 per year.

Terresa Bakner stated the car wash is a permitted use per the town zoning ordinance.

J. Gibney stated that the Freemans Bridge Road Master Plan doesn’t say gas stations are prohibited, and it doesn’t say gas stations are not prohibited.  It is the Commission’s inerpretation that when the master plan is adopted, gas stations will not be allowed.

Discussion followed regarding access, turn lanes, turning movements, intersection visibility, and traffic queing.  Increasing the size of the trees from 2½” to 3” caliper was also discussed, as well as the lighting choices per the master plan, and the Hess logo and green stripe on the fuel canopy.

J. Gibney asked about the status of the stormwater management plan, and G. Vuillaume said it has been submitted to the town for review.

Kevin Corcoran pointed out that Wal-Mart was approved before the master plan was created, and is partly why the Freemans Bridge Road Master Plan was created.  He said there is a
Planning and Zoning Commission Minutes
March 12, 2007
Page 5

general statement in the beginning of the master plan that speaks to eliminating or preventing any new auto-oriented land uses.  Zoning regulates the use; the master plan regulates the policy.  The master plan will try to accomplish creating traditional development patterns with a major emphasis on pedestrian accommodation.  Gas stations, car washes, and auto dealerships, under the proposed re-zoning for the area, will not be allowed in recognition that they are not examples of pedestrian accommodation.  The current zoning does, however, prevail.

T. Bodden expressed belief that the speed limit on Freemans Bridge Road would have to be lowered.

By mutual agreement of the Commission and the applicant’s representatives, this application will be continued at the next Planning and Zoning Commission meeting.


4.      Maddelone Development                                      Major (11-lot) Subdivision
        Woodruff Drive & Judy Drive                               (Preliminary)

“Park Ridge Estates” is a Major Subdivision of 10.18 +/- acres at the end of Woodruff Drive and Judy Drive. This subdivision proposal consists of 10 single-family residential building lots and a stormwater detention basin. Access to the new lots will be from approximately 1,093 feet of new town street.  Public water will be extended from Woodruff Drive and all lots will have private on-site septic systems. The parcel is located within a Suburban Residential Zoning District.

Melissa Currier, CT Male, addressed the Commission.  She described the location as abutting Indian Meadows Park.  She said the original plan included a cul-de-sac design, but the Highway Department prefers hammerheads at the ends of roads.  She said the local fire department had no concerns and have provided a letter stating that.  

M. Currier said a preliminary stormwater pollution prevention plan has been submitted.  It will need finalization as the amount of cutting into the ridge on the property has decreased.  

J. Gibney noted the GECC has listed ten items of concern.  He also said Dana Gilgore had expressed concern about the septic system plan.  D. Gilgore said test holes need to be performed.

T. Bodden stated the ratio of infrastructure and the potential of Amsterdam fill septic systems may make the project too costly.

M. Currier said the lots in the ridge area would be the ones in question regarding septic sytems.  

A park buffer was discussed including a ‘no-cut’ buffer, a possible 100’ buffer requirement, visual buffers, and requiring deed restrictions.
Planning and Zoning Commission Minutes
March 12, 2007
Page 6

T. Bodden asked if the applicant would consider reducing the number of lots.  M. Currier said the cost of the road pushed the application to be for ten lots.

M. Storti said this project is creating a neighborhood ‘disconnect’ between the park and the existing residences.

A brief discussion followed regarding an easement, sidewalks, sidewalk ownership and maintenance, and park access for the existing neighborhood.

The application was tabled until the septic system designs and stormwater management plan can be detailed.

M. Currier asked clarification regarding hammerheads, and M. Storti said hammerheads are the choice of the Highway Department.


5.      John & Patricia Pardi                                   Zoning Map Amendment
        3441 Amsterdam Road                                     (Recommendation to the                                                                                                   Town Board)

The applicant is requesting a Change of Zoning to include their non-conforming, retail furniture business in the immediately adjacent Community Business Zoning District located along NYS Route 5 (Amsterdam Road). The subject property is currently zoned Professional/Residential.

Attorney Arkley Mastro represented the applicants.  He briefly reviewed the history of the building located at 3441 Amsterdam Road, currently known as the Clark & Brown Furniture store.  He said the Pardi’s property is two contiguous lots but they are zoned differently; this split zoning was created with the adoption of the zoning ordinance in 2005.  They are requesting a zoning change to make the lots consistent.  

P. Huff asked if the lots are consolidated and A. Mastro said they are not.  The Commission agreed the zoning change makes sense in this particular instance.

MOTION

In the matter of the zoning map amendment application by John and Patricia Pardi, to be located at 3441 Amsterdam Road, the Planning and Zoning Commission recommends that the Town Board approve the application to change the zoning from Professional Residential to Community Business.

Planning and Zoning Commission Minutes
March 12, 2007
Page 7

Motion:  J. Gibney       Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED


6.      Town of Glenville                                               Zoning & Subdivision
        18 Glenridge Road       Ordinance Text Amendments
                                                                                (Recommendation to the
                                                                                Town Board)
                                                                                
The Town of Glenville is proposing to amend its Zoning Ordinance and Subdivision Regulations to incorporate current soil erosion, sediment control, and stormwater management regulations. The amendments will bring the Town into compliance with New York State’s required Municipal Separate Storm Sewer System (MS4) Phase II program.

Discussion followed regarding passing a separate local law versus changes to the ordinance.  
The application was tabled pending further review.


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, April 9, 2007.  The agenda meeting will be held on Monday, April 2nd.  With no further items on the agenda, the meeting was adjourned at 8:20 p.m.

Submitted by:                                           Filed with the Town Clerk:      

______________________________  ______________________________
Chris Flanders, Stenographer                                    Linda C. Neals