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Planning & Zoning Commission Minutes 04/09/2007
Town of Glenville
Planning and Zoning Commission
Monday, April 9, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Mike Carr, Mark Storti, Jim Gibney, Tom Bodden, and Steven Marsh (arriving 8:20 p.m.)

Excused:        Walter Pryne

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

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

Motion:  M. Storti       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                                (Final – Public Hearing)

This application constitutes the second phase of a larger 13-lot residential subdivision of a 9.4-acre property in the Woodhaven neighborhood.  This property is located in a Suburban Residential zoning district.

Drew Schauffert, Santo Associates, and Jeff Piro, RLA, J. Piro Designs, represented Mr. Heflin in this application.  D. Schauffert stated that the applicant is looking for final approval of Phase 2 of the original 13-lot subdivision proposal.  He said the Town Board has passed a resolution to accept the dedication of the pump station area.  J. Piro spoke with Mark Kestner, Kestner Engineering, regarding comments, and the applicant has no issue with the six points that were made, and will incorporate the provisions in the stormwater management area plan.

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

M. Storti asked if there were any DEC issues to be addressed, and M. Lindsay Kestner and Dana Gilgore both indicated there are none.
Planning & Zoning Commission Minutes
April 9, 2007
Page 2

MOTION

In the matter of the subdivision application by Garry Heflin, for a 7-lot subdivision, Phase 2 of an original 13-lot subdivision, located at Valleywood Drive and Acorn Drive, the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.

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

In the matter of the subdivision application by Garry Heflin for a for a 7-lot subdivision, Phase 2 of an original 13-lot subdivision, located at Valleywood Drive and Acorn Drive, 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.

Conditions of Approval:

1. The applicant agrees to conclude the application per the Town Engineer requirements.

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 $7,000.

Motion:  M. Storti       Seconded:  T. Bodden
Vote:   Ayes: 4 Noes: 0 Absent: 2
MOTION CARRIED
Planning and Zoning Commission Minutes
April 9, 2007
Page 3

3.      Greater Glenville Family YMCA                           Site Plan Review
           127 Droms Road                                               (Public Hearing)

The YMCA is seeking approval to construct a 3,200 sq. ft. addition on the front of the building in order to expand their fitness center.  The YMCA is located in a Suburban Residential zoning district.   

John Reilly, Executive Director for the Greater Glenville YMCA, addressed the Commission.

M. Carr noted issues from the agenda meeting as: septic odor complaints, septic system must be replaced/upgraded prior to obtaining Certificate of Occupancy, construction entrance (former western-most entrance) could pose a significant traffic hazard on Droms Road, and can the green space buffer between the YMCA and Dawn Drive be increased?

J. Reilly said a SPEDES permit is in place and the septic system will be replaced.  He has met with county representatives and signage will be placed at the road and construction vehicles will exit to the right only.  The vehicles will be primarily dump trucks.

Joseph Bianchine, ABD Engineering, said the old septic system will remain in operation, but the additional mound system should eliminate the over-taxing of the present system and eliminate any odors.

James MacFarland, Greater Glenville YMCA board member, addressed the Commission regarding signage.  He has contacted Tom Melander, Town of Glenville Traffic Safety Consultant, and the YMCA will implement the traffic safety plan Mr. Melander is to provide by 4/20/07.  The written report regarding the temporary construction entrance provided by J. MacFarland is attached and made part of these minutes.  Also included and made part of these minutes is a report on the addressing of vegetative buffering and odor concerns expressed by Deborah Ludke, 10 Dawn Drive.  Discussion followed regarding appropriate types of vegetation.

J. Reilly said construction is planned from May through August.

Chairman Carr then opened the public hearing.

Jim Eignor, 6 Dawn Drive, said he is concerned about the remediation schedule for the septic system.  J. Reilly said he has just been made aware of the problem, and it will be dealt with.

John Myers, 11 Dawn Drive, said that seepage is going into the ‘pond’ on Charlton Road from the kill behind the YMCA.  He understands that the Department of Health has looked into the problem.  J. Gibney asked J. Reilly if he is aware of any Department of Health reports on this subject, and J. Reilly said he is not.
Planning and Zoning Commission Minutes
April 9, 2007
Page 4

Discussion followed regarding the sizing of the new septic system.  J. Bianchine said it is designed to handle the full facility on the site.  It is over-designed by 20-25 percent.

D. Gilgore said if any surface discharge is found, it will be dealt with.

Tim Zariski spoke about new septic designs which can reduce odors quickly, and existing sytems can be retrofitted.

With no one wishing to speak any further, Chairman Carr closed the public hearing.

J. Gibney asked if a change of zoning has been granted to the YMCA, and J. Reilly said it has.

MOTION

In the matter of the site plan review by the Greater Glenville YMCA to construct a 3,200 sq. ft. addition to the building located at 127 Droms Road, the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.

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

MOTION

In the matter of the final site plan review application by the Greater Glenville YMCA to construct a 3,200 sq. ft. addition to the building located at 127 Droms 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.

Planning and Zoning Commission Minutes
April 9, 2007
Page 5

Conditions of Approval:

1.  The applicant agrees to work with the Town of Glenville to identify any seepage and the odor causing problem and rectify the problems as soon as possible.
2.  The signage plan is to be approved by Schenectady County and vehicular signage is to be placed on the inside of the site for exiting vehicles allowing right turns only.
3.  The applicant agrees to work with the adjacent homeowners on Dawn Drive regarding greenspace and visual barriers.
4.  The monetary figure noted in the application for the cost of the project is to be corrected.  
5. The septic system must be replaced and/or upgraded prior to obtaining a Certificate of Occupancy.

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


4.      Beverwyck Development Corp.                             Major (8-lot) Subdivision
        Ridge Road                                                      (Final)
                                                                        
This subdivision (Vista Ridge Estates) calls for the establishment of eight residential building lots on a 59.43-acre parcel on the east side of Ridge Road.  A new cul-de-sac would serve this subdivision.  The project site is located in a Rural Residential and Agricultural zoning district.

John Stevens, Infinigy Engineering, addressed the Commission regarding this application.  He stated that items in the comment letter from Kestner Engineering dated March 5 have been addressed.  The size of the water line has been increased from 6” to 8”.  The applicant is also complying with minor changes to the submitted SWPPP.

M. Carr asked R. LeClair if any items need to be discussed.  R. LeClair stated there are none.  D. Gilgore added that the hammerhead design for the road has been changed, as a letter from the school district indicated that busses will only be allowed on a cul-de-sac.  For the safety of the children, the hammerhead was replaced with a cul-de-sac.  Greenspace is planned for the center of the cul-de-sac and it will be built to town requirements.

M. Carr commended the applicant in the manner in which they worked with the Town to resolve issues.

J. Gibney stated for the record that some of the issues were moving trees out of the town right-of-way, signage on the road, and water pressure.  J. Stevens said flow tests have been performed and there is no problem with the pressure.
Planning and Zoning Commission Minutes
April 9, 2007
Page 6

MOTION

In the matter of the subdivision application by Beverwyck Development Corporation, for an 8-lot subdivision located on Ridge Road, the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.

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

MOTION

In the matter of the major subdivision application by Beverwyck Development Corporation for an 8-lot subdivision located on Ridge 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.      Stormwater comments presented by the Engineering Department and its consultant, Kestner Engineers, will be followed per their specifications.
2.      Signage is to be placed on Ridge Road indicating a new road intersecting with a county road.
3.      Individual property owners are responsible for the maintenance of street trees on their lots and such will be evidenced in their deeds.
4.      Sheet C-3 of the subdivision maps is to be corrected to indicate Schenectady County; it is now incorrectly identified as Albany County.


Planning and Zoning Commission Minutes
April 9, 2007
Page 7

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 physical constraints of this particular site, 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 $7,000.

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


5.      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.

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.

T. Bakner stated that the most significant change since the last meeting is the car wash portion of this application has been removed, allowing for more greenspace.  It has also been determined that there are two ‘front yards’ on the site, which will require a variance.  

G. Vuillaume said sewer and water connections have been amended and all utilities will tie into Freemans Bridge Road.

Bill Wolfrom addressed questions regarding the gas canopy.  Lights are flush-mounted and will result in less light spillage.

T. Bodden asked about lighting on the Hess logo.  B. Wolfrom said the light will probably be mounted on the roof, externally lighting the sign.

Planning and Zoning Commission Minutes
April 9, 2007
Page 8

M. Carr then read comments from the Planning and Zoning Commission agenda meeting as follows:

1)      Engineering plans need to be sent out to a Town-approved firm for review.  K. Corcoran noted this has been done and a cost estimate for review has been received.
2)      The applicant will need a conditional use permit recommendation to the Zoning Board of Appeals.
3)      The traffic study needs to be reviewed by a Town-approved engineering firm.  K. Corcoran stated the traffic study as well as the stormwater report was included in the material to be reviewed by the previously mentioned engineering firm.
4)      Water and sewer connections need to detailed and discussed.  D. Gilgore stated that he and G. Vuillaume are currently working on this together.
5)      Sanitary connections cannot be within a manhole.  D. Gilgore said this has been addressed and the applicant is revising that portion of the plan.
6)      Lighting under the canopy and directing the light downward to prevent spillage off-site.  M. Carr said this has been addressed.

M. Carr asked if fire suppression would be required.  B. Wolfrom said it will be required and will not be the type that hangs down from the canopy.

Landscaping was then discussed.  The plan includes street trees and shrubbery along the sidewalk.  There will be screening in the rear of the building.  Two vent stacks for tanks will be on the south side of the building.  

The lighting plan was discussed.  The plan calls for two types of lights; the decorative shoe box style and the carriage style along the front of the site.  

Traffic and tanker circulation was addressed.  Wendy Cimino said stacking on Dutch Meadows Lane and vehicle queuing has been discussed.  W. Cimino stated that traffic counts were done and resulted in an actual number of 5.5 cars on Dutch Meadows Lane.  A minimum of 7 cars would be necessary to create a backup.  She further stated that the existing situation was studied, as well as no growth, and future growth.  She said the traffic signal cycling time could be modified if necessary.

Attorney Peg Huff asked if an easement from Wal-Mart would be needed for the rear exit and T. Bakner said an easement was already provided when the Wal-Mart project was approved.

When asked, G. Vuillaume said the trash receptacle is placed where it is to keep it less visible.  It will be screened with white vinyl fencing, have a double-door gate, and will have plantings around it.

Planning and Zoning Commission Minutes
April 9, 2007
Page 9

The variance that will be sought will be for five feet.

MOTION

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

Conditions of preliminary approval are as follows:

1.      The review by the town designated engineer of the traffic study, and all other engineering items are to be completed and approved.
2.      The plan details are to be updated for water and sewer connections per the Department of Public Works.
3.      The specifications of the flush-mount lighting under the canopy and exterior lighting of the Hess sign are to be provided.
4.      A statement is to be provided that the plan will meet fire suppression NFPA 30 and that fire suppression equipment will not be visibly hanging down underneath the canopy.
5.      The applicant agrees to consider alternative designs for stormwater.

The Commission hereby schedules a public hearing for May 14, 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 May 14, 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: 4 Noes: 0 Absent: 2
MOTION CARRIED

MOTION

In the matter of the conditional use permit application by Amerada Hess to establish a Hess Express gas station at 123 Freemans Bridge Road, the Planning and Zoning Commission recommends that the Zoning Board of Appeals approve the application for a gas station.   

Discussion:  J. Gibney spoke of the debate of whether or not a gas station fits in the Freemans Bridge Road Master Plan.  T. Bodden said the Town Board did not make a decision to enact the Freemans Bridge Road Master Plan which put the Planning and Zoning Commission in a difficult situation.  They (the Town Board) have not given the Planning and Zoning Commission

Planning and Zoning Commission Minutes
April 9, 2007
Page 10

the tools to do anything.  The zoning allows gas stations, but the master plan discourages this use.  There is no legal prohibition to what is asked; it is now a permitted use.

Motion:  M. Storti       Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 1
MOTION CARRIED

(Vote reflects Commission member Steven Marsh arrived during this discussion.)


6.      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.  The property is located in a Research/Development Technology zoning district.  Lowe’s is seeking a zoning change to General Business.   

Lowe’s was represented by attorney Terresa Bakner, Whiteman Osterman, and Hanna, Kim Baines, Chazen Companies, and Rob Jess, Lowe’s representative.

Terresa Bakner said after attending the PZC agenda meeting, the only issue left involves the vapor barrier system that the applicant is going to implement on the out parcel at the front of the site.  It has been determined that some contamination of groundwater has been found in a zone running parallel to Freemans Bridge Road on what is referred to as the ‘out-parcel’.  The vapor plume is from high levels of Tetrachloroethylene (also known as Perchloroethylene) and more commonly known as PCE.  Kim Baines was introduced as a specialist in designing remediation systems.  He explained that the Department of Health regulates mitigation and offers guidelines when dealing with such gasses.  He said a typical plan allows the gas to accumulate under an impermeable barrier, and then is vented up and away from the building.

M. Carr asked if there is a health risk to workers, and K. Baines said a health and safety plan would need to be prepared for personal protection.  The gas is heavier than air and can hang in trenches.  It is not under pressure and is not likely to appear off site when’ capped’.  The source of the contamination hasn’t been defined.  

K. Baines said Lowe’s would have a passive system.  R. Jess said a similar system is being used in a Lowe’s store located in Massachusetts.  
Planning and Zoning Commission Minutes
April 9, 2007
Page 11

MOTION

The motion is made to declare the Lowe’s application complete.

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

MOTION

In the matter of the Lowe’s Home Centers, Inc. for a 171,069 sq. ft. home improvement store located on 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.

Reasons Supporting This Determination

·       Given the scope of the Lowe’s project, there will certainly be an increase in runoff, traffic levels, noise levels (during construction, at least), solid waste production, etc.  At issue is whether or not impacts associated with these items will be properly managed and minimized.  

Regarding storm water management, the applicant has submitted a Storm Water Pollution Prevention Plan (SWPPP).  Adequate measures are being proposed to address both the quantity and quality of runoff in association with this project.  Further, management of storm water from the Lowe’s project will not have a deleterious effect on adjacent freshwater wetlands, and downstream impacts are to be minimized with collection and retention systems that adequately address both the quality and quantity of runoff.

As for traffic impacts, a traffic study was prepared for this project.  A variety of measures are to be instituted in order to minimize the degradation of level of service and to address traffic safety.  A partial list of improvements includes:

Ø       A new traffic signal at the intersection of the Lowe’s driveway (eventual Town road) and Freemans Bridge Road.
Ø       The addition of turning lanes on Freemans Bridge Road for both the Lowe’s site and for the three businesses (Goldstock’s Sporting Goods, Glenville Beverage, and the liquor store) located on the east side of Freemans Bridge Road, across from Lowe’s driveway.
Ø       The establishment of a median/turning lane for a segment of Freemans Bridge Road along Lowe’s property frontage as well as south of Lowe’s property, connecting to the existing three-lane segment south of the project site.  The improvements within the Freemans Bridge Road right-of-way south of the Lowe’s site will occur subsequent to
Planning and Zoning Commission Minutes
April 9, 2007
Page 12

improvements within the r-o-w adjacent to Lowe’s property.  Lowe’s will provide funding for necessary r-o-w and/or easement acquisition to the south of their property, as well as funding for all improvements within the r-o-w, both present and future, per documentation and mapping submitted for the Lowe’s application.
Ø       The installation of equipment and/or software necessary to ensure that there will be no queuing of vehicles over the Boston and Maine Railroad line as a result of operation of the new traffic signal on Freemans Bridge Road.  
Ø       Construction of a portion of a new road that will eventually connect Freemans Bridge Road and Sunnyside Road, per the Freemans Bridge Road Master Plan.  At this point this new road segment will serve as the driveway to the Lowe’s project, but this “driveway” will be constructed to commercial road standards from Freemans Bridge Road to the western property line of Lowe’s, thereby allowing the developer(s) of vacant land to the west to extend construction of this road, as needed.    

It is anticipated that noise levels associated with construction will exceed the ambient noise levels on occasion.  However, the project site is located in a predominantly commercial area where traffic noise levels are considerable, and where there is no history of noise complaints on the part of residential property owners.  Following construction, it is unlikely that noise levels associated with the operation of Lowe’s will exceed existing ambient noise levels within the Freemans Bridge Road corridor.  

·       The Lowe’s project site has been in agricultural use for decades.  Vegetation on the site is typical of farmland and pasture, with no notable forested lands or mature vegetation.  As a result, this action will not result in the destruction of large quantities of vegetation or fauna, nor will it result in a significant impact on wildlife habitat or species.

·       In 2004 the Glenville Town Board adopted the Freemans Bridge Road Master Plan, which guides land use decisions on the project site and surrounding area.  The land use plan of the Freemans Bridge Road Master Plan targets the project site for “commercial/mixed use” development.

At present, the zoning of the proposed 2.5-acre “out parcel” along Freemans Bridge Road is “general business.”  However, the remainder of the property, including the Lowe’s building site, is zoned “research/development/technology,” which is a light industrial/warehousing zoning classification.  Consequently, Lowe’s is seeking a zoning change to “general business” for the 19+ acre Lowe’s project site.

Given that the Freemans Bridge Road Master Plan calls for “commercial/mixed use” development of the Lowe’s site, it is reasonable to conclude that the Lowe’s proposal is consistent with the Town’s adopted plans/goals, relative to future land use.  Further, Lowe’s will be constructing a portion of the connector road between Freemans Bridge Road and Sunnyside Road, per the Freemans Bridge Road Master Plan.   
Planning and Zoning Commission Minutes
April 9, 2007
Page 13

Questions have been raised about the compatibility of the Lowe’s project with the Freemans Bridge Road Master Plan relative to the traditional development pattern that the Plan promotes.  A big box store with hundreds of parking places in front of the building does not advance a traditional development pattern, yet the land use plan does permit large-scale retail.  

The addition of sidewalks and streetscaping along Lowe’s driveway/access road does recognize the need for pedestrian accommodation, one of the key tenets of traditional design.  Further, the proposed architecture of the Lowe’s store does incorporate some of the building design elements that the Master Plan encourages.  However, it is likely that the Planning & Zoning Commission will immerse itself in the architectural/design details of the proposed Lowe’s store much more so during the site plan review process than is necessary as part of the SEQR review.  

·       A Phase IA and IB archeological investigation was conducted for the Lowe’s project site, as well as a Phase IA for the proposed Town road.  Phase II evaluations were then conducted in five areas of the project site, where archeological resources have been discovered.  

Given the characteristics of the resources that were found, and based upon how similar findings have been addressed on other sites within the Capital District, it is unlikely that any additional archeological investigations or actions will be needed.  

It should be noted that the New York State Office of Parks, Recreation and Historic Preservation (SHIPO) have been provided with the archeological reports for the Lowe’s site.  SHIPO reserves the right to require additional archeological work on this site.  If this occurs, it is possible that the planning/zoning review of this application could be delayed, or less likely, that elements of the proposed project would have to be altered.

·       As part of Lowe’s due diligence, they contracted with an engineering firm to undertake a Phase II Environmental Site Assessment of the project site.  The investigation yielded the discovery of high concentrations of Tetrachloroethylene, also known as Perchloroethene (PCE), in soil and groundwater samples.  PCE is a solvent most closely associated with dry cleaning operations, although PCE can be found in degreasing agents, as well.  The “hottest” reading revealed a concentration of 110,000 ppb in groundwater, which considerably exceeds the groundwater standard of 5 ppb.

The investigation indicates a fairly narrow PCE plume that runs north to south, parallel to Freemans Bridge Road.  No PCE was found on the Lowe’s parcel itself, but there is contamination on the 2.5-acre out parcel adjacent to Freemans Bridge Road, and in the area where the new driveway/road will be constructed.  


Planning and Zoning Commission Minutes
April 9, 2007
Page 14

Vapor sampling has been performed as part of NYSDEC and NYSDOH’s follow-up investigation.  Elevated levels of PCE in indoor air have been discovered in two nearby homes, at 75 and 77 Freemans Bridge Road.  NYSDEC is pursuing emergency mitigation at these two locations to eliminate/mitigate the PCE vapors.  

The Lowe’s study and the current investigation underway by NYSDEC strongly indicate that the source of the PCE is located north of the project site.  As of this writing the source has not been definitively determined, nor has a mitigation/clean-up plan been offered, with the exception of short-term emergency action to improve air quality at 75 and 77 Freemans Bridge Road.   

The primary concern with PCE in terms of possible health impacts is with vapors, due to the high volatility of this chemical.  Consequently, care must be taken during excavation, earthmoving and construction so that workers aren’t exposed to vapors.  Also, during construction of buildings, vapor barriers will be installed to prevent vapor migration into enclosed structures.

Proposed mitigation measures to address possible health and environmental impacts from PCE contaminated soil and groundwater are detailed in a February 13, 2007 letter from Kim Baines of Chazen Environmental Services to Robert Jess of Lowe’s Home Centers.    The proposed mitigation measures are outlined below, in abbreviated form.  At this point, the PZC concurs with the proposed mitigation measures, but on the understanding that the NYSDEC and/or NYSDOH may add to or alter the proposed measures.   

Ø       A health and safety plan will be developed and followed to ensure proper monitoring and protection of health.  

Ø       Future buildings constructed over the PCE plume, on the Lowe’s project site and on the 2.5-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.

Ø       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.


Planning and Zoning Commission Minutes
April 9, 2007
Page 15

Ø       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.

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

In addition, the Planning and Zoning Commission imposes the following condition:

Ø       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.

·       It is acknowledged that the Lowe’s project will result in a substantial change in the intensity of land use and it will set a precedent for future development in the area.  However, as noted previously, the land use plan of the Freemans Bridge Road Master Plan does call for “commercial/mixed use” development on the project site, so the Lowe’s project is consistent with the land use plan.  Further, per the Master Plan, Lowe’s is building their portion of a new road that will eventually connect Freemans Bridge Road and Sunnyside Road.  

It should be noted that Lowe’s had originally agreed to construct the new connector/access road in its entirety as part of their project.  However, as the application evolved, the PZC, along with NYSDOT representatives, came to the conclusion that traffic impact mitigation from this project would best be served through considerable improvements on Freemans Bridge Road itself instead of through the construction of a new connecting road at this time.

Had the new road been constructed as part of the Lowe’s project, development pressure on a large amount of vacant land to the west of the Lowe’s site would have been immediate and considerable.  By not calling for construction of the road at this time, this gives the Town the opportunity to more closely examine pending amendments to both the Freemans Bridge Road Master Plan and the Town’s zoning ordinance.  This is particularly important since there are significant obstacles to large-scale development to the west of the Lowe’s property,

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April 9, 2007
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in the form of state and federal wetlands and the flood plain of the Kromme Kill and Horstman Creek.    

Motion:  M. Storti       Seconded:  J. Gibney

Discussion:  T. Bodden stated that he feels this project will have a negative impact on aesthetic resources, transportation, the agricultural land use, wetlands, potential recreational uses, and surrounding neighborhoods.  He stated that based on these impacts, he would like the Commission to strongly consider issuing a positive declaration.  He would like to see more public input on this project and to consider what the Town is giving up versus what could be located on the site.  S. Marsh discussed the definition of negative and positive declarations, and the term significant.  T. Bakner reviewed the zoning of the parcel and what uses are allowed on it.  She also stated that the businesses across the road from the Lowe’s site have been in many meetings and voiced their opinions, which have been taken into consideration in the process of this application.  T. Bodden stated the Commission is limited by the tools the Town Board has given it; the process is difficult because of this limitation.  J. Gibney noted that the majority of issues have been mitigated.  T. Bodden said it is not about the project; the applicant has done an excellent job presenting the proposal.  He said his concern is about what the Town Board has not done.  There will be two more separate public hearings; one on the zoning change at the Town Board meeting, and one for the site plan review in front of the Planning and Zoning Commission.

Vote:   Ayes: 4 Noes: 1 Absent: 1
MOTION CARRIED

MOTION

In the matter of the zoning map amendment application by Lowe’s Home Centers Inc., to be located on Freemans Bridge Road, the Planning and Zoning Commission recommends that the Town Board approve the application to change the zoning from Research/Development/-Technology to General Business.

Motion:  M. Storti       Seconded:  S. Marsh

Discussion:  K. Corcoran was asked to give a brief description of what is allowed and what is prohibited in the General Business district.

Vote:   Ayes: 4 Noes: 1 Absent: 1
        MOTION CARRIED

S. Marsh noted for the record that he appreciates the time and due diligence the Commission members have given this project.  

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April 9, 2007
Page 17

7.      Glenville Partners, LLC                                 Site Plan Review revisions
                Sarnowski Drive                                                 

The applicant is proposing modifications to the site plan review application that was previously approved for the “Reserve at Glenville” apartment project.  The modifications are being driven by pending modifications to the floodway and 100-year floodplain on the project site.  The property is located within the Multi-Family Residential zoning district.   

David Bogardus, Northeast Land Survey, and Neil Swingruber, Glenville Partners, LLC, were present to address questions regarding this application.  

D. Bogardus stated he had talked with D. Gilgore earlier in the day and that the Department of Public Works had just looked at the plan this morning.

M. Carr read a list of concerns from the Planning and Zoning Commission agenda meeting as follows: 1- Has NYSDEC reviewed the revised floodway, prepared the appropriate paperwork and submitted it to FEMA?  (D. Bogardus said he has received a letter from FEMA acknowledging receipt of this application.) 2- There is concern regarding the culvert beneath Freeman’s Bridge Road; will the narrowing of the floodway create problems for an already taxed culvert?  (Alton Knapp stated the plan was modeled as if it had been replaced.  He then corrected his statement by saying the existing culvert would be adequate.)  3- The Commission needs DPW input on the size of culvert on Sarnowski Drive.  (DPW Commissioner LeClair said the SWPPP needs to be updated [last revision was 2005].  D. Gilgore said he will discuss the new water main and details, casting revisions, and changes to road specifications with the applicant’s engineer and contractor.)

M. Carr asked if these issues can be successfully handled if the motion is moved forward, and D. Gilgore and R. LeClair indicated yes.

Motion

In the matter of the application for site plan review revisions by Glenville Partners, LLC for the previously approved (9/13/04; amended 3/14/05) “Reserve at Glenville” apartment project located on Sarnowski Drive, the Planning and Zoning Commission conditionally approves the application.  The modifications are being driven by pending modifications to the floodway and 100-year floodplain on the project site.

Conditions of Approval:

1)      The Stormwater Pollution Prevention Plan must be updated as required.

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2)      Water line and valve issues for water main running down Sarnowski Drive are to be revised per Department of Public Works specifications.
3)      Castings and numbering for catch basins are to be revised as required by the Department of Public Works.
4)      Roadway extension construction details need to be revised to reflect new design standards.
5)      The winged gutter issue and the connection to existing stormwater management on Sarnowski Drive are to be addressed.
6)      Sump pumps in catch basins are to be addressed.
7)      A new map, correctly dated and indicating all revisions, is to be submitted.

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


8.      Gregg Crounse                                           Site Plan Review
                88 Freemans Bridge Road                                 (Preliminary)

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.  

Chris Crounse and Eric Holt, the applicant’s engineer, addressed the Commission regarding this application.  E. Holt explained the applicant would like to modify the left side of the existing building which is located next to Glenville Beverage to use as a laundromat.  It would have 22 dryers, 35 washers, and be connected to municipal water and sewer.  There will be no dry cleaning on site.  The parking lot will be restriped to allow for handicap parking.  There will be 17 parking spaces.  The sign would be similar to the letters of Glenville Beverage, with lights directed on the letters.  There are existing wall mounted lights on the side of the building and in the rear.

M. Carr noted items discussed at the Planning and Zoning Commission agenda meeting.  They are:
·       Applicant may require significantly larger water line.  E. Holt said the water use is about 19,000 gallons per day and a 2” copper lateral will be used.
·       Sanitary lateral must be 6”.  E. Holt said the drawing now indicates 6” rather than 4”.  D. Gilgore agreed with the water line and sanitary line sizes.
·       Applicant must be aware that the parking for future uses of presently unoccupied portions of the building may render future uses unacceptable due to inadequate parking.  The applicant indicated he is aware of that situation.
·       Parking spaces must be striped.  The applicant has indicated striping will be done.
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·       Color schemes for the building and if the lone ‘cyclops’ light on the front of the building could be removed.  M. Carr explained the Commission is looking for a lighting plan more in line with the Freemans Bridge Road Master Plan.  E. Holt said the applicant is leasing the building from Mr. Venditti, but he will approach Mr. Venditti about these items.
·       Need to verify sign dimensions.  This will be discussed with the Building Inspector, including details of materials.

S. Marsh noted a box with an “X” on the plan and E. Holt said it is the location of the dumpster.  It will be enclosed with stockade fencing.  

MOTION

In the matter of the preliminary 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 preliminary application.  

Conditions of preliminary approval are as follows:

1.      Applicant agrees to installation of a 2” water line and 6” sanitary lateral line.
2.      Owner of the building must submit a letter to the Planning and Zoning Commission acknowledging parking may render future uses of the presently unoccupied portion of the building unacceptable due to inadequate parking prior to final site plan review.
3.      The parking lot must be restriped.
4.      Applicant must remove “cyclops” light on the front of the building and propose a lighting plan more in line with the Freemans Bridge Road Master Plan.
5.      Signage materials and colors of the building and sign must comply with the Freemans Bridge Road Master Plan.

The Commission hereby schedules a public hearing for May 14, 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 May 14, 2007, nine (9) copies of the revised site plan and the information based upon the conditions 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: 5 Noes: 0 Absent: 1
MOTION CARRIED





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April 9, 2007
Page 20

9.      Chris Myers for Concord Development, LLC                Site Plan Review
        Maple Avenue                                                    (Preliminary)
                                                                                        
Concord Development is proposing a 50-unit townhouse development (Yates Farm Townhomes) in 13 buildings on a 12.6-acre property.  The proposal includes connections to public water and sewer, and the installation of a traffic signal at the intersection of Maple Avenue and Alplaus Avenue.  The project site is located on the west side of Maple Avenue, across from the western terminus of Alplaus Avenue.  The project site is located in a Multi-Family Residential zoning district.          

Tom Andress, ABD Engineering, represented Mr. Myers in this application.  He said the applicant has been in front of the GECC several times, revised the proposal and gathered information that the GECC has requested.  The project will have a private road, a homeowners association, and public water.  A stormwater drainage system will be created with catch basins.  A sewer force main is planned with individual grinder pumps for the complexes that will connect to the pressure main in Maple Avenue.

T. Andress said the applicant has been working with Schenectady County regarding road alignment, which has been an issue.  The road (Maple Avenue) has been shifted to the west for proper sight distance.  He anticipates a traffic signal will also be required by the county.

M. Carr listed the issues that the Planning and Zoning Commission discussed at their agenda meeting.  They are:
·       Traffic issues, signal vs. train traffic at Alplaus Ave. crossing.
·       NYSDEC Permit, stream crossing/relocation.
·       Storm water management.
·       SWPPP needs outside engineering review at applicant’s expense.
·       Fencing on retaining walls for safety
·       Need input from Niskayuna School District regarding traffic flow and pickup locations
·       Private road versus public utilities (easements)
·       Need County input on everything
·       Landscaping adjacent to the Yates Homestead/buffer at the stormwater basin area
·       Identify existing and preservation of old growth trees on site plan
·       Unrestricted access to the cemetery
·       Alplaus Fire Department must agree to fire hydrant locations

T. Andress said a traffic study has been done and has been submitted.  A complete notice from DEC regarding the steam crossing has been issued and a permit has been issued.  Retaining walls are small for minor grade changes and transition areas.  Architectural fencing will be for steeper banks.  The applicant has been working with SHIPO and the fencing will be around the deeded area of the cemetery and public parking will be provided.  SHIPO has signed off on this issue.

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April 9, 2007
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T. Andress said Niskayuna Schools will be contacted regarding bus pickup and safety issues.

Discussion followed on the type of people who would most likely be attracted to this type of living, and applicant Chris Myers said project of this sort usually are owned by ‘empty nesters’ or ‘snowbirds’, and school children may not be at issue.  The lack of amenities such as common space or a recreation building was also discussed, as well as connecting this new community with the hamlet of Alplaus.  There will be extra parking for visitors.

S. Marsh asked about the number of grinder pumps planned and T. Andress said one pump will probably be shared by two units.  He also said street lighting along the road would be similar to a single- family residential development.  The homeowners association would pay for these shared utilities.

It was noted that the Army Corps of Engineers has authorized a permit regarding the encroachment of the wetlands.

J. Gibney stated he feels the project needs some common, community place; perhaps a gazebo.  Mike Hale, Synthesis, noted there is a wetland area with existing trails in the natural area.  S. Marsh suggested a picnic table area near the cemetery where the land is rather flat.  Mr. Myers said he is not opposed to dedicating a common area in a central location on the site.

MOTION

In the matter of the preliminary site plan review application by Concord Development, LLC for a 50-unit townhouse development (Yates Farm Townhomes), located at Maple Avenue, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary approval are as follows:

1.      Traffic study and stormwater reports are to be sent to a town-chosen consulting engineer for review at the applicant’s expense.
2.      It is agreed and understood that the traffic signal issue has been addressed.
3.      The Department of Environmental Conservation approval letter regarding stream relocation/crossing is to be provided to the Planning and Zoning Commission.
4.      An updated Stormwater Pollution Prevention Plan must be updated and reviewed at the applicant’s expense.
5.      The applicant must contact the Niskayuna School District regarding traffic flow and school bus pick-up and drop-off points.
6.      Input is to be provided from the Glenville Department of Public Works regarding private road versus public utilities.
7.      The applicant is to identify existing, and address the preservation of, old growth trees on the site plan.
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Page 22

8.      Cemetery access is to be addressed.
9.      Fire hydrant locations are to be addressed; approval letter from local Fire Department must be obtained.
10.     Central area of applicant’s choosing to be dedicated for use by townhome owners.
11.     Consideration of addition of internal circulation sidewalks and linkages/paths.
12.     Schenectady County coordination referral response to be provided to Planning and Zoning Commission members upon receipt.

The Commission hereby schedules a public hearing for May 14, 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 May 14, 2007, nine (9) copies of the revised site plan and conditions of approval 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: 5 Noes: 0 Absent: 1
MOTION CARRIED


10.     The Howard Group                                                Site Plan Review revisions
        Glenridge Road                                                  

The applicant is seeking modifications to the previously approved site plan for this apartment project.  The project site is located on the south side of Glenridge Road, to the rear of the vacant K-Mart building.  

Howard Carr, president of the Howard Group, and Donald Zee, attorney, were present to address the Commission.  

D. Zee stated the applicant is asking for any reference to phasing of this project to be eliminated.  The applicant is also asking for modifications of the water line.  The Department of Public Works is requiring a 12” water line, which the applicant believes is oversized to address future potential development.  A third issue the applicant is questioning is when the payment of recreation fees is due; the applicant requests to pay the fee at the time of building permit application for each specific building.  The last request is for clarification of documents previously submitted to the town with regard to contract rights and the title report.

Discussion followed on the above items, including what was originally approved and why.  M. Storti asked that the audio tapes from the September 11, 2006 meeting be provided.  

It was agreed by all parties to continue this application.

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April 9, 2007
Page 23

11.     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.

P. Huff voiced some minor concerns regarding wording and will address if it is legal to change it.

Kevin Corcoran, Town of Glenville Planner, presented this application to the Commission.

MOTION

In the matter of the subdivision and zoning text amendment application by the Town of Glenville regarding current state stormwater regulations, the Planning and Zoning Commission recommends that the Town Board adopt these recommendations and changes as noted by Attorney Margaret Huff.

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


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, May 14, 2007.  The agenda meeting will be held on Monday, May 7.  With no further items on the agenda, the meeting was adjourned at 11:45 p.m.

Submitted by:                                           Filed with the Town Clerk:      

______________________________  ______________________________
Chris Flanders, Stenographer                                    Linda C. Neals