Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Planning & Zoning Commission Minutes 9/10/2007
Town of Glenville
Planning and Zoning Commission
Monday, September 10, 2007
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


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

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


1.      Approval of the minutes of the August 13, 2007 meeting as presented.

Motion:  W. Pryne        Seconded:  S. Marsh
Vote:   Ayes: 6 Noes: 0 Absent: 0
MOTION CARRIED


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

Lowe’s is proposing to subdivide the 300-acre Piotrowski parcel into four lots.  One of the proposed lots, consisting of 19.59 acres, would see the construction of a 171,069 sq. ft. home improvement store.

The applicant was represented by Terresa Bakner and James Baglioli, Whiteman, Hanna, Osterman, Rob Jess, Lowe’s Home Centers, Marty Zanghi, Chazen Engineering, Kelly Kirchner, Creighton Manning Associates, and David Ray.

T. Bakner gave a brief history of the project, starting in June 2006.  She stated that on April 9th, 2007, a negative declaration was issued for the project.  In June, 2007, the Glenville Town Board approved rezoning of the parcel.  The Zoning Board of Appeals granted the requested area variances and sign variances.

M. Zanghi highlighted the changes recently made.  He provided the Commission with a packet of agreements and easements with signatures from business owners located across from the proposed Lowe’s access for modifications to curbing.

Planning and Zoning Commission Minutes
September 10, 2007
Page 2

Mr. Zanghi listed changes on new map pages delivered Friday, September 7th, including updated table data on the cover page, environmental notes, and the subdivision page of the plan showing the two lots Lowe’s plans to purchase, one of which is the front ‘out-parcel’ with 12,000 sq. ft. of retail space and 530 parking spaces.  The utility plan page shows the easement from Lot 1 to Lot 2, and the 10” water main extending up Lowe’s Drive.  The stormwater management plan is DEC compliant; ACOE wetlands have been avoided entirely, therefore there are no impacts; the landscape plan shows curbed, landscaped islands throughout the parking lot; the landscaping for the Lot 1 (the out-parcel) is also planned to be similar to Lot 2, and will be installed when the Lowe’s store is constructed.  Planting details have been added and greenspace is defined.  The lighting will be shoebox style with minimum glare; along Lowe’s Drive, the Sternberg Vintage lighting will be used.  M. Zanghi displayed the elevation drawings and the pylon sign renderings which were addressed at the Zoning Board of Appeals meeting.

Chairman Michael Carr opened the public hearing.

Neil Turner, 1965 Amsterdam Road, questioned the benefit to taxpayers and residents of widening Freemans Bridge Road.  He would like to see the original plan for a collector road instead.  This access road would allow many businesses to be built immediately.

With no other comments from the public, the hearing was closed.

J. Gibney commented that there has been many discussions regarding this project, many changes have been made, and some issues still need to be resolved. M. Carr said specifically, these issues are: the out- parcel (Lot #1) not necessarily being a preliminary piece of this, the waiver needed for parking between the building and the road, new plans arriving at the Town Hall Friday afternoon, and that the applicant is looking to have some of the conditions of the preliminary site plan approval re-worked to be more favorable.  M. Carr stated that this is a significant project for the town and time is needed to deliberate on it; as a group, the Commission is not ready to move on it at this time, but may be in a position to at next month’s meeting.

T. Bakner asked if the Commission members had copies of the re-worked conditions of approval, and handed out copies of the e-mail that had been sent to them.

S. Marsh commented that conditions to site plans are good, but the conditions have to be able to be met.  It needs to be a workable agreement.

M. Carr addressed Mr. Turner regarding the Freemans Bridge Road traffic issues.  Discussion followed, explaining that the idea of another road, connecting to Sunnyside Road, has not been abandoned.  Lowe’s will be building approximately one-third of that road.  He also explained that NYS DOT would only require Lowe’s to install traffic lights and that would be sufficient.  In lieu of building the road completely, Lowe’s is willing to address an existing issue of Freemans Bridge Road.  Discussion followed.
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September 10, 2007
Page 3

T. Bakner asked if a special meeting could be called prior to the October meeting to finalize this project.  M. Carr answered that a special meeting can be discussed.

By mutual agreement, this application will be continued.


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

Drew Schauffert, Santos Associates, represented the applicant in this proposal.  He stated the land is currently under contract for sale.  The parcel is served by public water, and will have private septic systems.  Soil tests have been done and are suitable for conventional systems.  

M. Carr noted that there are no major issues with this application and it is consistent with area.

MOTION

In the matter of the preliminary minor subdivision application by Heflin Builders, Inc. for a three-lot subdivision located on Scotch Bush Road, the Planning and Zoning Commission hereby approves the preliminary application.  

The Commission hereby schedules a public hearing for October 8, 2007 to consider the final minor subdivision application.

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


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

Planning and Zoning Commission Minutes
September 10, 2007
Page 4

Frank Herba, Herba Consulting, addressed the Commission members.  He explained that Dr. Ferraro owned the house located at 231 Saratoga Road and would like to convert it into a dental office.  A canopy is planned on the front of the building over the handicap access.  The house is on the existing water line, and will be connected to municipal sewers.  

F. Herba stated that there is one change to the plan not shown and that a strip of land will be deeded to the parcel to the north.  It is 25’ across Saratoga Road and goes back to the same corner in the rear as shown.  This is correcting the lot line that was not accurate when the property was last sold.

Parking for eight cars is provided with two handicap parking spaces in front of the building.  There will be only one entry/exit to the property and a row of cedars will be planted in front of the parking lot.  No trees will be removed and there is greenspace of 76 percent of the parcel.  The paved area will be 15.8 percent and the building is 7.7 percent.  The existing setback in the rear is 34 feet instead of 40 feet, but as an existing condition, a variance is not required.  A waiver for the parking lot location would be required.  F. Herba further stated that the impervious surface is being increased by only 800 sq. ft. because the paved circle is being removed.  The soil percolates at 1” per 5 minutes and three small detention areas in the front of the property will be sufficient for stormwater management.

M. Carr asked the size of the cedars planned for screening the parking lot and F. Herba said they would be 6-8 feet in height.  M. Carr also asked about street trees and F. Herba said he had not added any because the property is bordered with trees and possible interference with sight distance. M. Carr asked that the applicant work with the planning department as street trees are addressed in the Town Center Master Plan.

Lighting for the parking area will be a 12 foot pole meeting Town specifications.

M. Carr asked about waste disposal of sharps and hazardous materials and Dr. Ferraro said he has contracted with a licensed service to dispose of any items requiring special handling.  He also has an eliminator that removes impurities like mercury before water goes into the sewers.
M. Storti asked if sidewalks are planned to be installed or would an escrow account be established.  F. Herba said he would be willing to discuss this issue with the Planning Department staff.   

 F. Herba said the existing shed will be used for storage of snow shovels, etc.

M. Carr said this appears to be a good use for the property.



Planning and Zoning Commission Minutes
September 10, 2007
Page 5

MOTION

In the matter of the preliminary site plan review application by Anthony Ferraro for the conversion of a single-family residence into a dentist’s office located at 241 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of Preliminary Site Plan Approval:

1.      Applicant agrees to connect to municipal sewers.
2.      Applicant agrees the vegetative screening in the rear of the building will remain.
3.      Applicant agrees to construct three (3) stormwater basins to the approval of the Town Engineering staff.
4.      The cedars to be planted in front of the proposed parking area are to be 6-8 ft. in height.
5.      Street trees are to be added in accordance to the Town of Glenville Town Center Master Plan  (1 tree every 30 ft.).
5.      The lighting plan must meet Town of Glenville Town Center Master Plan guidelines (Sternberg  fixture, 1904 Acorn, 175 watt maximum).
6.      The applicant or his representative is to contact Planning Department staff regarding establishing a sidewalk escrow account if sidewalks are not to be built at the time of construction.
7.      The applicant is aware that a waiver must be granted by the Planning and Zoning Commission for the proposed parking location.
8.      The applicant or his representative is to contact Planning Department staff regarding the above issues.

The Commission hereby schedules a public hearing for October 8, 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 October 8, 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


5.     Robert & Michelle Correll                                                Minor (2-lot) Subdivision
 20 Worden Road                                                (Preliminary)
                                                                               
The applicant is proposing to subdivide the 2.94 +/- acre property located at 20 Worden Road.  The existing home would be located on a 1.25-acre parcel, with the proposed 1.69-acre parcel being earmarked for a new single-family home.  Both lots would be served with public water and
Planning and Zoning Commission Minutes
September 10, 2007
Page 6

individual septic systems.  The property is located on the northeast corner of Worden Road and the Glen-Worden School driveway.  The property is zoned Suburban Residential.  

Bob Wilklow, VanGuilder Associates, represented Mr. and Mrs. Correll.  He stated the sub-division of this property into Lot A and Lot B will result in one lot having ninety percent of the existing improvements and Lot A will have the detached garage.

Lot A will require a new septic system; percolation tests will be scheduled with Dana Gilgore.  

J. Gibney informed B. Wilklow that the site location is incorrect on the map.  B. Wilklow will correct that.

MOTION

In the matter of the preliminary minor subdivision application by Robert and Michelle Correll for a two-lot subdivision located at 20 Worden Road, the Planning and Zoning Commission hereby approves the preliminary application.

The Commission hereby schedules a public hearing for October 8, 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 October 8, 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


6.     Robert Bosy & Karen Brunner                                                  Site Plan Review
 211 Sacandaga Road                                               (Preliminary)
                                                              
The applicant is requesting site plan approval to construct two 8-unit apartment buildings on an existing 1.4 +/- acre parcel located on the northwest corner of Burch Parkway and Sacandaga Road.  The proposed apartments will have public water and sanitary sewer.  The parcel is located within a General Business zoning district.

Chad Pagan from ABD Engineering addressed the Commission members regarding this application.  He said the applicant would need both setback and acreage variances for this proposal.


Planning and Zoning Commission Minutes
September 10, 2007
Page 7

M. Carr stated that the applicant should consider the uses of this property as it is the entrance to the industrial park.  A fifty percent acreage variance is being requested; in the Commission’s opinion, this is a very severe variance.  

Discussion followed regarding the desirability of rental units with the high count of automobile and truck traffic, both day and night, the proposed density on the parcel, and the location of the parcel.  M. Storti noted that the Town and Schenectady County are currently preparing a Master Plan for the Scotia-Glenville Industrial Park and that Burch Parkway is a major access road.

The Commission asked the applicant to approach the Zoning Board of Appeals with this concept to ascertain their inclination to grant such a huge waiver.  At this time, the Commission is not comfortable granting preliminary approval.

When asked, C. Pagan said the applicant has a contract to purchase this property pending site plan approval.
No action was taken on this application; the applicant will review the project and also contact the Zoning Board of Appeals.


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

Gavin Vuillaume, Environmental Design Partnership, represented the applicant.  He displayed a map of the apartment buildings and indicated the access to the proposed building.  The location of the new building would not change the circulation of vehicles within the project.  

The plan includes eighteen parking spaces, municipal sewer and water, and sewer district extension.

M. Carr asked if there is a waiting list for apartments and Bill Socha answered yes.

G.  Vuillaume stated that stormwater from the parking lot will gather in a small shallow retention basin  about 3 feet deep, overflow to existing storm pipe that is around the perimeter of the site and ultimately exit the site at the southern side.

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September 10, 2007
Page 8

M. Storti asked if the local fire department approves of this plan and the vehicle access and G. Vuillaume said he would contact the Thomas Corners Fire Department regarding this.

T. Bodden asked if the retention pond will be the same as the existing ponds on the site and G. Vuillaume said it will be.  T. Bodden asked if standing water is a problem during summer months and G. Vuillaume said the soils drain very well and it is not a problem.  

S. Marsh asked if the capacity of the sewer system can handle the extra flow and G. Vuillaume said it would.  S. Marsh also asked if extra fire hydrants will need to be added and G. Vuillaume said he would address that question with the fire department.

W. Pryne asked if the water level in the stream to the rear of the property is monitored.  G. Vuillaume said the pond has a fifteen inch pipe to discharge overflow.

T. Bodden asked if the applicant plans for all buildings to be connected to sanitary sewers, and Mr. Socha said yes, eventually all of the units will be served, primarily on an as-needed basis for priority.

MOTION

In the matter of the preliminary site plan review application by Shady Lane Realty, Inc. for a 12-unit apartment building, located at 123 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.      The applicant will provide a letter from Thomas Corners Fire Department approving the accessibility to the apartments and hydrant locations.
2.      The applicant is to connect the proposed building to the municipal sanitary sewer and water lines.

The Commission hereby schedules a public hearing for October 8, 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 October 8, 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


Planning and Zoning Commission Minutes
September 10, 2007
Page 9

8.     Belmonte Builders, Inc.                                                             Change of Zoning
  Swaggertown Road                                               (Recommendation to the
                                                                         Town Board)
                                                       
The applicant is requesting a change of zoning for their recently approved Glenview Estates residential subdivision to allow a mixture of twin-homes and single-family homes. The requested zoning designation is Residential Planned Development.  The proposed lots will be served by public water and sanitary sewer.

Gerry Magoolaghan, Director of Marketing for Belmonte Builders and Gavin Vuillaume and Travis Mitchell, Environmental Design Partnership, addressed the Commission regarding this application.  

G. Magoolaghan explained the applicant is looking for a change of zoning because during the three-year application and approval period for the previous application, the housing market changed dramatically.  The applicant would now like to propose one-half of the project as approved, and one half of the project comprised of smaller homes and twin-homes on smaller lots at a decreased price.  The roads and infrastructure will remain the same.  

G. Magoolaghan said the smaller houses and twin-homes appeal to ‘empty-nesters’ and are maintenance-free.  Twin-homes are individually owned units sharing a wall.  A homeowners association is established and dues pay for grass mowing and snow shoveling.  The lots are smaller and typically have a first-floor master bedroom.  He said there is a similar development in Halfmoon (Prospect Meadows) if Commission members would like to see an example of what this proposed project would look like.  He said studies show that although there are more houses, benefits include tax revenue with little or no impact on schools, there are fewer vehicles, and traffic is typically at different hours due to the number of retirees living in the homes.

G. Magoolaghan also said care was taken to place single-family homes against existing single-family homes (lot to lot) to preserve the flow of the neighborhood.

K. Corcoran said that Planned Development allows for the mixing of housing.

Travis Mitchell stated the approved infrastructure is adequate for sixty homes and the increase will be about twenty percent.  He will get formal reports to the Engineering Department regarding this impact.

J. Gibney voiced concerned about sight distance on Swaggertown Road and increased traffic.

T. Bodden asked if the homeowners association is in the property deeds and G. Magoolaghan said it is.  Discussion followed regarding single-family/owner occupied homes versus rental and

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September 10, 2007
Page 10

investor units and the character of the neighborhood.  M. Storti said he would not like to see duplexes on the entrance lots.

W. Pryne noted that the slope from the lots to Swaggertown Road is very steep and winter months could see many accidents.  G. Vuillaume said that the entrance will be as originally designed and approved for a safe intersection; the slope will not go straight down to Swaggertown Road, but will level off, and then continue to the bottom of the hill.  He said the road and trees are now being cleared; it is being ‘stumped’ to get a lot of the wetland mitigation done before the weather turns unfavorable.  This is not the final grade.

D. Gilgore added that the much of the work going on now is specific to wetland mitigation.  

M. Carr summarized listing that the traffic study is not yet complete and the engineering narrative for stormwater and sewers is not yet complete.

M. Storti said he liked the smaller, single family homes, not duplexes.  T. Bodden agreed.  G. Magoolaghan urged the Commission members to visit the Halfmoon site.  J. Gibney stated that there may be a market for duplexes, but the applicant must be sensitive to the existing neighborhoods and the neighborhoods across Swaggertown Road, as well.

This application will be continued next month.  


9.      Town of Glenville                                               SEQR Recommendation to
                                                                                the Town Board – Illicit
                                                                                Discharge, Detection and
                                                                                Elimination Local Law
                                                Proposal (Continued from
                                                                                July)

The Town of Glenville is proposing to adopt a local law prohibiting discharge of pollutants into the municipal storm sewer system. Adoption of this local law is another step toward bringing the Town into compliance with New York State’s required Municipal Separate Storm Sewer System (MS4) Phase II program.  
D. Gilgore addressed the Commission regarding this recommendation.  He said there is a section of the local law proposal that mandates a licensed professional for any and all repairs on septic systems.  An engineer is necessary for design, but repairs may not require a licensed professional.  S. Marsh asked if the Engineering Department could make the determination if a licensed professional would need to be called in on a case-by-case basis.  J. Gibney asked how many systems are looked at each year and D. Gilgore said two to three hundred systems per year.

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September 10, 2007
Page 11

D. Gilgore and Attorney Peg Huff have reviewed the wording of the ordinance and have suggested several changes.  One issue was the length of time allowed between violations being reduced from five years to three years.  P. Huff said she is comfortable with the penalty schedule.  

MOTION

In the matter of the SEQR Recommendation to the Town Board regarding Illicit Discharge, Detection and Elimination Local Law Proposal, the Planning and Zoning Commission recommends that the Town Board approve adoption of the law.

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


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, October 8, 2007.  The agenda meeting will be held on Monday, October 1.  With no further items on the agenda, the meeting was adjourned at 9:20 p.m.


Submitted by:   Filed with the Town Clerk:      

______________________________  ______________________________
Chris Flanders, Stenographer                                    Linda C. Neals