Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
May 12
Town of Glenville
Planning and Zoning Commission
Monday, May 12, 2008
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


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

Also Attending: Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, Edward Rosenberg, Town Councilman, Richard LeClair, Department of Public Works Commissioner, and Chris Flanders, Recording Secretary


1.   Approval of the minutes of the April 14, 2008 meeting

Motion:  M. Storti      Seconded:  C. Casey
Vote:   Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED

Note:
For the record, the Carusso application was removed from the agenda because the applicant requested a 62-day extension to provide additional information requested by the Planning and Zoning Commission.


2.   Beverwyck Development                                              Minor (2-lot) Subdivision
Swaggertown and Onderdonk Roads                         Final (Public Hearing)
                                                                                                                                               
The applicant is seeking approval to subdivide a 26.4-acre parcel, owned by the Burnt Hills/Ballston Lake School District, into two lots consisting of 14.5 acres and 11.9 acres.  Public water is available at the site, with septic systems being proposed for the two lots.  The property is located east of Swaggertown Road and south of Onderdonk Road, and is zoned primarily Suburban Residential.  A portion of the property, in the southeast corner, is zoned Land Conservation due to the presence of a New York State regulated freshwater wetland.  

John Stevens, Infinigy Engineering, briefly described the 2-lot subdivision.  It will share a driveway using an existing curb-cut on Swaggertown Road.  The lots will be served by public water and private septic systems.  Mr. Stevens noted five conditions to be addressed from the preliminary approval: 1) The county highway department is to approve the curb-cut on Swaggertown Road.  This letter of approval has not yet been received.  2) A definitive designation regarding the wetlands (state or federal) on the parcel is to be obtained.  The

Planning and Zoning Commission Meeting Minutes
May 12, 2008
Page 2

applicant is meeting with DEC on May 29th at the site.  3) Percolation tests are to be done and witnessed by Dana Gilgore, Town of Glenville Engineering, or a representative of the county health department.  Dom DiCarlo has been out of the office this week, but the applicant hopes to set up a meeting for next week.  Preliminary percolation tests have been done and indications are that raised-bed septic systems will be required.  4) Soil profiles are to be submitted.  These will be submitted shortly.  5) Securing necessary variances for frontage of the subdivision.  The applicant is appearing before the Zoning Board of Appeals on May 19th to request the necessary variances.

Chairman Carr then opened the public hearing.

Mr. Girard, 586 Swaggertown Road owns the adjoining property which already has water issues.  He blames the excess groundwater on the increased construction in his area since 1999.  He feels any further development will have a negative impact on his property and he would like to see a detailed hydrologic study be done.

Walter Morris, 39 Onderdonk Road, is concerned about sump pumps running continuously and marginal septic systems that are already taxed.

Mr. Clow, 574 Swaggertown Road, asked if the driveway would be paved.  He would like to see it paved at least from the road to the existing stand of trees.

Will Buetow, 25 Onderdonk Road, is concerned about the wetland delineation, clearing limits, and crossing the wetlands.

With no one wishing to speak further, the public hearing was closed.

M. Storti confirmed the lot sizes and noted that there is much more area to distribute water flow.

T. Bodden noted that the water table seems to have risen at least 2 feet in the past 20 years.  He said the only way to address this and to provide relief is with municipal sewers.

S. Marsh asked the number of gallons per day expected to be discharged, and J. Stevens said a four bedroom home is calculated to discharge four hundred to five hundred gallons per day, per design standards.

J. Gibney asked for clarification of the topography of the land at the driveway entrance on Swaggertown Road.  Mr. Stevens explained that the driveway is flat at the entrance, and then dips downward further in from the main road.

Planning and Zoning Commission Meeting Minutes
May 12, 2008
Page 3

MOTION

In the matter of the subdivision application by Beverwyck Development, for a two-lot subdivision located at Swaggertown and Onderdonk Roads, 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:  S. Marsh
Vote:   Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED

MOTION

In the matter of the final minor subdivision application by Beverwyck Development, for a two- lot subdivision located at Swaggertown and Onderdonk Roads, 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.
·       Adequacy and arrangement of water supply, sewage disposal and drainage.
Conditions of Approval:
1.  Schenectady County is to approve the driveway curb-cut on Swaggertown Road.
2.  The applicant is to obtain approval from NYSDEC and/or Army Corps of Engineers in reference to existing wetlands.
3.  Schenectady County Department of Health is to approve the septic design.
4.  Zoning Board of Appeals approval for an area variance is to be obtained.
5.  Roadway from Swaggertown Road is to be paved to the existing wooded area.
6.  A 100’ buffer area is to be placed around all wetlands.

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.


Planning and Zoning Commission Meeting Minutes
May 12, 2008
Page 4

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 $1,000.00.

Motion:  M. Storti      Seconded:  T. Bodden
Vote:   Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED


3.   Lowe’s Home Centers, Inc.                                  Revisions to the approved
        Freemans Bridge Road                                    site plan
                                                                                
Lowe’s is proposing to reduce the size of their approved building by approximately 14,000 sq. ft.  The parking lot is also being reduced in size from 538 spaces to 452 spaces.  The reduction in building size also results in a significant reduction in the size of the proposed retaining wall, particularly along the south side of the building.  There will be no changes to the proposed subdivision as a result of the reduction in building size.

Marty Zanghi, Chazen Engineering, and Terresa Bakner, Whiteman, Osterman, and Hanna, represented Lowe’s in this amendment application.  M. Zanghi said the reduction in the size of the building would be in the sales floor area.  He said the changes on the plan dated May 1, 2008 are: site statistics in regards to the lot; square footage of lot coverage went from 20% to 18.5%; the façade is slightly different with the height slightly less, which allows for less visual impact; less parking spaces; increased parking setbacks; green space is increased from 40% to 46%; the 50’ radius required for the traffic light will be located in the right-of-way, not on private property; the building foot print is reduced in width and in depth; the traffic islands are reconfigured; by changing the slope, the large retaining wall is no longer needed; 3 shorter walls will protect ACOE wetlands; the guide rail has been removed; the result of less runoff than the previous plan allows for further increased stormwater basin reserve capacity; the sanitary sewer is now to the south, along the easement, which reduces cost; Lowe’s Drive alignment and utilities remain the same, but the elevation is raised approximately 2 feet; an updated landscape plan indicates the size generally remains the same, with street trees and lighting alternating along the drive; and, upon review with the Department of Public Works, force mains at the driveway off Freemans Bridge Road have been moved slightly to avoid possible problems of clearance and maintenance.

M. Carr read comments from Dana Gilgore, Town of Glenville Engineering Department, stating he has reviewed the revised pre- and post-development peak discharge rates for the proposed Lowe’s store in Glenville and found them to be satisfactory.  He also attached copies of the original and revised rates, which are attached and made part of these minutes.

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May 12, 2008
Page 5

M. Storti asked if a revised Stormwater Pollution Prevention Plan has been submitted; M. Zanghi said it is being completed this week and will be submitted.

M. Carr asked about the retaining wall.  M. Zanghi said two will prevent disturbance to Army Corps wetlands and the third wall will be for retention to the south.  These walls are made from segmented retaining wall block.  The slopes will be maintained by lawn, which will be mowed.

P. Huff asked if a sign variance would be needed from the Zoning Board of Appeals.  T. Bakner said the sign location has not changed; it will still be along the right-of-way, but the location of the right-of-way has changed, therefore, the applicant will go back to the ZBA to request a minor change in the previously granted variance.

M. Carr asked Ms. Bakner if there is any further update on the PCE contamination issue.  T. Bakner said one study has been done by DEC and the property owner had another study done about 6 months ago; she has received a “comfort memo” which is about all that she expects to receive.  She added that the applicant looked into a brownfield designation, but was advised that as the source did not originate on site, the property does not qualify.

M. Storti asked if there was a traffic study modification and M. Zanghi answered it is not needed as there will be less impact.  The sidewalks and pedestrian access crosswalk remain the same.

MOTION

In the matter of the site plan review application by Lowe’s Home Centers, Inc., for revisions to a previously approved site plan for a store located at Freemans Bridge Road, the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.

Motion:  M. Storti      Seconded:  T. Bodden
Vote:   Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED

MOTION

In the matter of the revised site plan review application by Lowe’s Home Centers, Inc. the Planning and Zoning Commission hereby grants the revisions with the following conditions:

1.  A revised Stormwater Pollution Prevention Plan is to be submitted to the Town of Glenville Engineering Department to be reviewed and any necessary changes will be implemented
2.  The Zoning Board of Appeals must grant an area variance/modification for a sign pole

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May 12, 2008
Page 6

Motion:  M. Storti      Seconded:  W. Pryne
Vote:   Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED


4.    Pat Popolizio                                                     Revisions to the approved
      2 & 4 Freemans Bridge Road                                       site plan
                                                                                
This application involves an amendment to the site plan for the Water’s Edge Lighthouse Restaurant property.  The applicant is seeking approval for an already-built 5,290 sq. ft., year-round banquet facility.  The previous approval was for a 4,000 sq. ft. open-sided, seasonal pavilion.   

Gil VanGuilder, VanGuilder and Associates, and Mr. Popolizio were present to answer any questions the Commission may have.  Mr. VanGuilder provided survey copies for the Commission members.  Mr. Popolizio addressed the Commission and apologized for ‘jumping the gun’ on expanding the pavilion building.

M. Carr stated an approval was given for a 4,000 sq. ft. out building.  P. Popolizio said he added bathrooms, connected to sewers, added a utility room and a concrete slab with a roof for the heating and air conditioning.

M. Storti asked if the facade on the banquet house would match the restaurant, and P. Popolizio said yes.  He supplied photos of the new building.  

M. Carr said he expected things to get built the way it was approved and it is very frustrating when things are not built to approval conditions.  

S. Marsh stated the approval was for a pavilion; an open-sided seasonal structure.   This is now an enclosed four-season structure with air conditioning; over 5,200 sq. ft., heated for year round use, without permission.

Discussion followed.  S. Marsh thinks the applicant should take the building down.  He said this disregard of the process sets precedence for the next applicant; it makes a mockery of the Commission and the procedure. M. Storti said what Mr. Popolizio is doing is great for the riverfront; however, there is a review process in place to be followed.  J. Gibney asked if a certificate of occupancy has been issued.  K. Corcoran said Building Inspector Paul Borisenko said the applicant will need to retro-fit the building for floodplain regulation compliance before a certificate of occupancy can be issued.  The building cannot be used without the certificate.

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May 12, 2008
Page 7

It was determined that the applicant should start the process that should have been in place earlier for the expanded 5,290 sq. ft. pavilion plan.

MOTION

In the matter of the revised site plan review application by Pat Popolizio for property located at 2 Freemans Bridge Road, the Planning and Zoning Commission recommends that the applicant submit a preliminary site plan review application for next month (June), to be followed by a public hearing and final review.

Motion:  M. Storti      Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 1  (S. Marsh)     Absent: 0
MOTION CARRIED


5.   Chris Myers for Concord Development, LLC           Site Plan Review
     Maple Avenue                                              Final – Continued from April
                                                                                        
Concord Development is proposing a 44-unit townhouse development (Yates Farm Townhomes) in 11 buildings on a 7.3+ acre property.  Preliminary approval for this project was issued in April, 2007.  The project has been downsized from 50 units in 13 buildings to 44 units in 10 buildings.  Also, new construction is no longer being planned for the Yates farmhouse parcel.  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.  Mr. Myers was also present.

T. Andress stated that the applicant has met with Lat Schmidt, Director of Schenectady County Department of Engineering; Mr. Schmidt’s review of the project is being finalized.

T. Andress also said the matter of private grinder pumps is still being discussed, along with the maintenance of them.  M. Carr asked Department of Public Works Commissioner Richard LeClair if he has any concerns regarding this.  R. LeClair said if NYS DEC does not allow privately owned grinder pumps, gravity systems and a lift station will be utilized.

T. Andress said the only comment obtained from the county regarding traffic is that the right-of-way needs to be obtained as soon as possible.

Dave Tucci, 138 Maple Avenue, asked about the bend in the road (Maple Avenue) and any sight distance issues.  T. Andress described the alignment of the existing road versus the proposed curve that would flatten out, toward the existing mansion.  Mr. Tucci is concerned about valves
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May 12, 2008
Page 8

that were installed that would be under the new road alignment and he was advised to contact Lat Schmidt, as Maple Avenue is a county road.

MOTION

In the matter of the site plan review application by Chris Myers for Concord Development LLC, for a 44-unit townhouse development known as Yates Farm Townhomes, located at Maple Avenue, 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:  W. Pryne
Vote:   Ayes: 7 Noes: 0         Absent: 0
MOTION CARRIED

MOTION

In the matter of the final site plan review application by Chris Myers for Concord Development LLC, for a 44-unit townhouse development known as Yates Farm Townhomes, located at Maple Avenue, the Planning and Zoning Commission hereby conditionally approves the application.  The conditions of approval are:
1)      The approval of the Schenectady County Highway and Engineering Department for necessary traffic and drainage issues.
2)      Any revisions required by the Town of Glenville Engineering Department.
3)      New York State Department of Environmental Conservation approval of privately owned grinder pumps; if not approved, an alternative system – gravity sewers and lift station – will be implemented.

Motion:  M. Storti      Seconded:  T. Bodden
Vote:   Ayes: 7 Noes: 0         Absent: 0
MOTION CARRIED


6.  Kim and Brent Lucas Subdivision                                             Minor (2-lot) Subdivision
    186 Lake Hill Road                                                                         Preliminary
    
The applicants are proposing a minor (2-lot) subdivision of the existing 1.183+/- acre parcel. The proposed subdivision is located approximately 175 feet east of the intersection of Scotch Bush Road and Lake Hill Road and is zoned Suburban Residential.  Lot 1 will include the existing single-family home. Lot 2 is proposed as a future single-family home site. Public

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May 12, 2008
Page 9

water is available at Lake Hill Road and a private on-site individual wastewater treatment system will be constructed on the new lot.

Drew Schauffert, Santos Associates, addressed the Commission on behalf of Mr. and Mrs. Lucas.  He said there is an existing septic system to the rear of the house on lot #1.  A new septic system will be located on lot #2.  Percolation tests were done last week with good results.  Dana Gilgore, Town of Glenville Engineering Department and Dom DiCarlo, Schenectady County Department of Health, were present to witness the tests.  J. Gibney asked that the location of the existing septic system be added to the subdivision map, as well percolation test results.

D. Schauffert also stated the existing asphalt driveway will be removed if the subdivision application is approved.

M. Carr asked about the possibility of leaving a significant vegetative buffer along the eastern portion of the parcel, as many neighbors voiced concern at a public hearing for a previous subdivision of land in this area.

J. Gibney said he noticed water ‘bubbling up’ at the corner of this property, just before the driveway and along the road.  It was not evident what was causing this.

MOTION

In the matter of the preliminary minor subdivision application by Kim and Brent Lucas for a two-lot subdivision located at 186 Lake Hill Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary subdivision approval are as follows:
1.      A vegetative buffer is to be shown on the map providing screening for neighbors
2.      Locate the septic system of the existing home (Lot #1)
3.      Percolation test results are to be shown on the map
4.      A note is to added to the map regarding the removal of the driveway on Lot #2

The commission hereby schedules a public hearing for June 9, 2008 to consider the final minor subdivision application.  However, in order for the Commission to schedule a public hearing for June 9, nine (9) copies of the revised subdivision map and/or requested information must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing.
Motion:  M. Storti      Seconded:  C. Casey
Vote:   Ayes: 7 Noes: 0         Absent: 0
MOTION CARRIED
Planning and Zoning Commission Meeting Minutes
May 12, 2008
Page 10

M. Storti addressed the Commission explaining that the motion for the Myers application, Yates Farm, needs to be amended to include a fourth condition of approval stating a recreation fee of $17,600 is to be assessed ($400 x 44 units).

Motion:  M. Storti      Seconded:  W. Pryne
Vote:   Ayes: 7 Noes: 0         Absent: 0
MOTION CARRIED


7.  Glenville Fire Training Facility, Inc.                                      SEQR Recommendation to
    Vley Road and Vley Road Extension                          the Town Board
    
This project involves the construction of a public safety training facility on a town-owned 11.9-acre parcel located north and northwest of the intersection of Vley Road and NYS Route 5.  The PZC recommended a SEQR “Positive Declaration” in October, 2006.  The Town Board, who is lead agency for this project, subsequently tabled the SEQR action and directed the applicant to revise the storm water collection/treatment system on site so as to eliminate the subsurface storm water treatment facilities from the Zone 2 aquifer portion of the property.   The PZC is being asked to revisit the SEQR recommendation.   

Peter Russo, president of Glenville Fire Training Facility, Fire Chief Richard Kasko, Dr. David Hennessey, Consortium Chairman, and Jack McDonald, McDonald Engineering, were present to address the Commission.  

P. Russo said the original engineering firm has been replaced by McDonald Engineering.  The layout of the course now covers portions of Zone 2 and Zone 3 of the aquifer.  He said the property was purchased by the Consortium in 2005 with grant monies.  The property is owned by the Town of Glenville and will be leased to the Consortium, which is a not-for-profit corporation in New York State.  The training facility will be managed by the Consortium under the direction of a paid director.

M. Carr asked if the stormwater issue has changed.  J. McDonald said the plan has been modified to drain water from then north of the parcel to Zone 3 and water from the south will drain to basins, and then piped to Zone 3.  All surface water will now drain to Zone 3; none to Zone 2.

Discussion followed regarding the materials burned and the times these materials will be burned.  R. Kasko explained live burn policies for the state.  Wood pallets and hay are usually used as combustibles.  For the safety of the trainees, higher temperature combustibles, like mattresses and couches, are not used.  Any smoke created is expected to dissipate quickly.  Burning would be restricted if winds were to bring smoke towards the neighboring homes.  
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May 12, 2008
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The burn lengths are from 10 to 15 minutes.  Industrial customers are expected during the day, with training times for fire departments typically evenings, 7 to 10 p.m.  There would not be live burns occurring every day.

Discussion also covered funding for this facility.  D. Hennessey said it is hoped that the facility will become self-sustaining.

T. Bodden asked if there would be a traffic impact or noise impact.  D. Hennessey said a traffic study was done by Creighton-Manning, and there would not be a significant increase in traffic on Vley Road.  He feels the proximity of the thruway is an advantage in terms of location.  K. Corcoran stated that a peak noise would be from the EVOC course with cars accelerating.  The noise does not violate zoning levels.

When asked if flames would be visible from the road, D. Hennessey said every precaution is taken to make people aware of burns.  There would be adequate notice on the website, signs at the facility entrance informing drivers of burn times, fire departments are notified, and the state is informed two weeks prior to any burn.

M. Carr stated his concern is the impact on the aquifer.

MOTION

In the matter of the construction of a fire training facility by Glenville Fire Training Facility, Inc., to be located at Vley Road and Vley Road Extension, the PZC finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the PZC recommends that the Town Board, as SEQRA lead agency, issue a negative declaration.

Reasons supporting the recommendation are that the project and discussion shows impacts/non impacts to water quality, visual impacts, traffic, noise, and air quality issues.

Additional comments:  The Intermunicipal Watershed Board is requested to provide a letter of approval of the re-direction of surface water runoff to Zone 3; the applicant is requested to minimize live burns when the wind direction carrying smoke or odors would affect air quality of neighboring properties.

Motion:  M. Storti      Seconded:  J. Gibney
Vote:   Ayes: 7 Noes: 0         Absent: 0
MOTION CARRIED


In other business, the minutes from the May 5th agenda meeting were approved, as the Carusso application extension request was granted, with conditions, by Commission motion and vote.
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May 12, 2008
Page 12

The May 5th minutes are attached, made part of these minutes, and filed with the Town Clerk.

MOTION

Approval of the minutes of the May 5th, 2008 Planning and Zoning Commission agenda meeting.

Motion:  M. Storti      Seconded:  C. Casey
Vote:   Ayes: 7 Noes: 0 Absent: 0
MOTION CARRIED


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, June 9, 2008.  The agenda meeting will be held on Monday, June 2, 2008.  With no further items on the agenda, the meeting was adjourned at 9:10 p.m.




Submitted by Chris Flanders, Stenographer:      Filed with Linda Neals, Town Clerk:     


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