Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
April 13
Town of Glenville
Planning and Zoning Commission
Monday, April 13, 2009
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Mike Carr, Jim Gibney, Tom Bodden, Walt Pryne, Steve Marsh, and Cindy Gotobed

Excused:        Mark Storti

Also Attending: Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, Mark Quinn, Town Board Liaison, and Chris Flanders, Recording Secretary

Chairman Carr welcomed new Commission member Cindy Gotobed.

1.      Approval of the agenda

Motion:  T. Bodden      Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

Approval of the minutes of the March 9, 2009 meeting

Motion:  J. Gibney      Seconded:  S. Marsh
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


2. Thomas Loehr – T & T Landscape Supply Co.                                     Site Plan Review       
    6984 Amsterdam Road (NYS ROUTE 5)                                            Final (Public Hearing)

The applicant has proposed the establishment of a retail landscape supply business for the sale of mulch, topsoil, sand, stone, etc. The 1.49 +/- acre parcel is located on the north side of Route 5 approximately 2150 feet east of Wolf Hollow Road.  The property is within a General Business zoning district.

The applicant, Tom Loehr, and his son, Tom Loehr, Jr. were present to address the Commisison.

T. Loehr, Jr. said the changes and additions to the site plan requested at the last PZC meeting have been completed.  They are: a list of specific materials that will be stored on the premises, that there will be no open storage of pesticides or chemicals for retail purposes, the chain link fence and gate is shown on the map, the trees on the border of the neighboring property are shown, it is stated on the map that the property is located in Zone 3 (General Recharge Zone of the Great Flats Aquifer) and the proposed use is an allowable use in Zone 3.


Planning & Zoning Minutes
April 13, 2009
Page 2

M. Carr asked if pesticides for use on the premises would be stored on the property, and the applicant answered there would be no storage of such materials.  M. Carr stated that pesticides are a concern as the property is located in the aquifer.

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

For the record, Chairman Carr read an e-mail comment received by Town Planner Kevin Corcoran from a neighbor to the subject property and owner of Deer Lick Springs Auction Service.  It reads:
        Dear Mr. Corcoran,
        Due to prior commitments, we regret that we will not be able to attend tonight’s planning board meeting.  We would like to offer our support and have no opposition to the proposed project by Thomas Loehr – T & T Landscape Supply Co. located at 6984 Amsterdam Rd. (Rt 5).  
Thank you,
Gail M. Roscioli
John R. Roscioli
Deer Lick Springs Auction Service
6882 Amsterdam Rd.
Scotia, NY  12302
(518) 887-5311

There were no further comments.

MOTION

In the matter of the final site plan by T & T Landscape Supply Co., Thomas Loehr, for a retail landscape supply business located at 6984 Amsterdam Road, the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.

Motion:  J. Gibney      Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

In the matter of the final site plan review application by T & T Landscape Supply Co., Thomas Loehr, for a retail landscape supply business located at 6984 Amsterdam Road. the Planning and Zoning Commission hereby 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


Planning & Zoning Minutes
April 13, 2009
Page 3

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

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

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

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

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

8.      The proposed use does retain existing trees and vegetation for aesthetic reasons, and minimize soil erosion and siltation and is noted on the site plan.

9.      The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.

Conditions of Approval:

None
Motion:  J. Gibney      Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

3.  Glenville Fire Training Facility                                            Site Plan Review
    Vley Road and Vley Road Extension                                  Final (Public Hearing)
    
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.



Planning & Zoning Minutes
April 13, 2009
Page 4

Tom Bates, John M. McDonald Engineering, and David Hennessey, consortium chairman, were present.  Mr. Bates stated that since preliminary approval, the applicant has been addressing several issues.  The Stormwater Pollution Prevention Plan was submitted to James MacFarland and David Mosher, and questions from Planner Michael Burns regarding landscaping, phasing and the location of the fire hydrant have been discussed.

M. Carr asked for clarification of the septic and stormwater infrastructure in Phase I versus Phase II.  T. Bates said each phase is independent and the stormwater management can be built independently of each other.  Phase II stormwater will go to its own retention basin.  

M. Carr asked about landscaping.  The Commission wants to ensure that the landscaping addresses each phase of the project, and asks that the applicant commit to completing landscaping, irrespective of the completion of Phase II, with buffering for neighbors being completed prior to the commencement of Phase II; the timeframe shall be on or before 12 months after completing Phase I.  T. Bates said he has prepared a construction schedule.  The applicant would like to start construction this summer by getting the paving done, the infrastructure in, and the burn building built.  The area would then be secured for the winter.  If the season permits, some landscaping would be done this year using winter mix seed and mulch.  Landscaping would be finished in the spring of next year.

M. Carr asked if the applicant was willing to commit to completing Phase I landscaping regardless of when Phase II is done.  Mr. Bates answered yes.

M. Carr also noted that the Commission had discussed the fire hydrant and some clarification is requested on its location.  T. Bates stated this was just addressed via e-mail today, and the Public Works Department will have access to the hydrant without obstruction of fencing.

Chairman Carr then opened the public hearing.

Pat Vieta, 610 Wagner Road, stated she lives up the road from where this facility is going to be built, and she is in favor of the application.  

P. Russo, former Town of Glenville Councilman, said this project has been in the works for 10 years, and he thanked the Commission for their efforts.  This sentiment was echoed by David Hennessey.

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

MOTION

In the matter of the final site plan review application by the Glenville Fire Training Facility, for construction of a public safety training facility located at Vley Road and Vley Road Extension, 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.


Planning & Zoning Minutes
April 13, 2009
Page 5

Motion:  J. Gibney      Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED

MOTION

In the matter of the final site plan review application by the Glenville Fire Training Facility, for the construction of a public safety training facility located at Vley Road and Vley Road Extension, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings: the applicant’s efforts to protect the aquifer, plan erosion controls, and plan adequate entrances and exits in preparing this application, as well as landscaping and sanitary sewer disposal.

Conditions of Approval:

1. The applicant commits to completing landscaping irrespective of the completion of Phase II with buffer for neighbors being completed prior to the commencement of Phase II; the timeframe shall be on or before 12 months after completing Phase I.  The 12 months is being granted to allow the appropriate times for planting seasons.
2. The Town will have access to the fire hydrant; agreed upon hydrant and fencing locations to be shown on the site plan.

Motion:  J. Gibney      Seconded:  W. Pryne
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


4.   Michael Carusso                                                            Minor (3-lot) Subdivision
     Amsterdam Road & Alexander Avenue                                         Final (Continued from
March, 2008)
                                                                               
The applicant is proposing a minor subdivision that will result in the creation of three lots from the existing 2.4 +/- acre parent parcel.  The new lots will have public water and private on-site wastewater treatment systems.  Each lot is being targeted for a duplex.  The project has been on hold while Phase I and Phase II environmental assessments were prepared to assess potential soil and groundwater contamination on the site.  The project site is located on the north side of Amsterdam Road, opposite Cramer Avenue, with rear frontage on Alexander Avenue.  The property is zoned Suburban Residential.

Brett Steenburgh represented the applicant.  He briefly reviewed the proposal.  He said the land disturbance would be approximately ¾ of an acre; therefore a SWPPP is not required.  He also said there are some survey issues with the rear property line.  His proposal is based on the certified survey prepared by Aizmuth Surveying at the request of the Church of North Hills and provided to the applicant.  That survey shows a 50’ wide right-of-way along the rear of the property which

Planning & Zoning Minutes
April 13, 2009
Page 6


widens at the cul-de-sac on Alexander Ave.  He suggested conditioning the approval upon the survey review to ensure the back line is accurate.  He added that the application would not be impacted negatively; lots would just be larger per tax maps.  

B. Steenburgh said the other issue was whether there is a second stormsewer on the property.  He stated he has been unable to locate it and if approval is granted, he suggested conditioning that approval upon review of the existing survey.  If a second stormsewer and outfall is located, he would amend the subdivision map.  An easement will be provided to the town for any outfalls and drainage paths.

B. Steenburgh said the delay in coming before the board was due to environmental reviews.  A Phase I review was done based upon historical use, which indicated a Phase II investigation should be done.  In the late 1980s and 1990s, the property was used as a construction and demolition landfill.  Previous owner, Mr. Anthony Cerrone, told Mr. Steenburgh the material buried there was construction demolition debris and he was permitted by NYS DEC to do so.  Materials included brick, glass, sheetrock, wood, stone, block, etc.  No cars were buried there.  There was a spill once; something was dumped illegally.  DEC was called, it was cleaned up, contained, removed, and the file was closed by DEC.  

B. Steenburgh said five test pits were dug, with samples taken at 12-15 feet deep.  The front of the property was not tested as it has minimal depth.  On Lot #2, semi-volatile organics were found, falling into the category of PAH’s.  They are benzene based organics which are generated during incomplete combustion of organic matter.  For example, organic matter includes fuel, coal, brush, and cooked meat.

M. Carr asked which standard was used for testing, the soil RCO or the protection of groundwater standards.  B. Steenburgh said RCO (Recommended Cleanup Objective) for soil testing was used.  M. Carr, referring to NYSDEC’s Technical and Administrative Guidance Memorandum #4046 (TAGM) stated that there may be issues with the results of testing.  For example, the allowable ppm of fluoranthene is 50, but testing shows 87 parts per million.  M. Carr asked if DEC is aware of this data, and B. Steenburgh said that DEC was not notified of this.  M. Carr strongly recommended that DEC be made aware of these findings immediately as this is a reportable condition.  M. Carr stated that he is not ready to move on this project until input is received from DEC.  He cannot allow building on property where potentially harmful compounds are present.  If after discussing these concentrations, the DEC issues a no further action decision, the Commission can move forward.  Mr. Steenburgh said he would contact DEC the next day.

J. Gibney returned to the issue of the rear lot line.  Who owns the property affects who would be responsible for maintenance of runoff from Alexander Avenue.  B. Steenburgh said the outfall location is actually on the applicant’s property; the inlet to the pipe is on town property.  He said he can’t find an existing easement over those pipes, but would provide one to Town of Glenville.


Planning & Zoning Minutes
April 13, 2009
Page 7

M. Carr said after DEC input, the Commission will be asking for an explanation regarding the long-term stability of the soil for building purposes.  This question is due to the nature of the items buried on the site.

B. Steenburgh made a commitment to contact DEC.  He also agreed to define the outfalls on the map, reviewing the number of outfalls (1 or 2).  Both parties agreed to continue this application at a later date.


5.  Pat Popolizio                                                               Site Plan Review
    2 & 4 Freemans Bridge Road                                         Preliminary

The applicant is seeking to construct a 1,200 sq. ft. extension of the roofline over the existing rear patio of the banquet facility on the Waters Edge Lighthouse Restaurant property.  This application also includes a proposal for a 300 sq. ft. “cabana bar” adjacent to the restaurant.  This property is zoned Riverfront Recreation/Commercial.  

Gil VanGuilder, Van Guilder Associates, represented Mr. Popolizio in this application.  G. VanGuilder briefly described the project.  He said the existing paver patio area next to the boat launch would be enlarged and on the northerly side of the banquet facility, the roof line of the structure would be extended 20’, parallel to the river, to cover the stone patio and a portion of the steps to the private boat ramp.  This is already an impervious area.

G. VanGuilder provided recent aerial photos showing the relationship of the lawn area to the boat launch.  He said Paul Borisenko determined a setback variance is required.  The applicant has made application to the Zoning Board of Appeals, and he is asking the Commission to consider moving ahead in the approval of this proposal conditioned upon the granting of the variance, as a public hearing will be held in the ZBA process.

P. Huff explained that a separate public hearing is required for site plan approval.

M. Carr noted there are no issues with the county.  

M. Carr asked if sinks and a disposal system would be required for the cabana bar and P. Popolizio said yes.  It would be connected to the municipal sewer; M. Carr asked that the connection be shown on map.

M. Carr asked if the applicant is aware that the cabana bar is within the flood plain and P. Popolizio acknowledged that he is aware of that information.  He added that the cabana bar will be on the same elevation as the pavilion.

S. Marsh asked if the roadway for boat trailers is at a lower level, and he was told yes.  Discussion followed regarding the launching of boats and it was determined the extension of the roof would not interfere because of the elevation of the slope.
Planning & Zoning Minutes
April 13, 2009
Page 8

S. Marsh thanked the applicant for working through the required process in this application.

MOTION

In the matter of the preliminary site plan review application by Pat Popolizio for construction of a 1,200 sq. ft. roofline extension and construction of a 300 sq. ft. cabana bar, located at 2-4 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.      A variance is granted by the Zoning Board of Appeals to allow the cabana bar in the front yard of the property (determined not to be a setback variance as earlier stated).
2.      Utilities for the cabana bar are to be shown on the site plan.
3.      The applicant acknowledges the cabana bar is located in the flood plain.

The Commission hereby schedules a public hearing for May 11, 2009 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 11, nine (9) copies of the revised site plan must be submitted to the Town of Glenville Planning Department no later than 14 calendar days prior to the public hearing date.

Motion:  J. Gibney      Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1
MOTION CARRIED


6.  Roland J. Down, LLC                                                 Site Plan Review
    13 Airport Road                                                            Preliminary

This proposal involves the conversion of an existing 6,392 sq. ft. warehouse into office space, wholesale space and warehouse space.  The renovated building will be leased to RE Michel, a plumbing supply/wholesale operation.  The property is zoned General Business.  

Howard Johannessen, J. Kenneth Fraser and Associates, and Delores Voght, Operations Manager of Roland J. Down, were present to address the Commission.  D. Voght stated the work was already completed, but they failed to obtain the necessary permits.  Since that time, she has been talking with the Building Department and appeared in front of the GECC to correct that.

M. Carr stated for the record that although the work has already been done, the applicant must go through the process that would have been required.  This includes: the applicant shall propose a landscaping plan, shall clarify parking spaces that, according to the site plan, are off site, and shall pay for any and all permits that would have been required prior to completing the work.



Planning & Zoning Minutes
April 13, 2009
Page 9

M. Carr then read comments from Schenectady County into the record as follows:  

The Schenectady County Department of Economic Development and Planning approves of the proposal contingent upon County Highway and Engineering Department approval.

Notwithstanding the above, consideration should be given to eliminating the parking spaces that are located within the County right-of-way along with the spaces that require vehicles to back into the right-of-way.  To this end, consideration should be given to constructing curbed, landscaped end islands to better differentiate the parking area from the County Highway and provide some controlled access and protection for parked vehicles.  While traffic volume on Airport Road is currently low, volumes may increase in the future if the road is extended to Glenridge Road as called for in the Town’s Town Center Master Plan.

Discussion followed regarding landscaped dividers.  There is a lot of existing pavement on the site, and some pavement may need to be removed to define the entrance and exit.  Circulation patterns should also be indicated on the site plan.  

The water connection was also discussed, and the possibility of excavation being required for visual inspection of the connection.

When asked, K. Corcoran said he will look at the number of required parking spaces and stated the parking should be defined on the map as well.  The new use is wholesale, so parking standards are more relaxed than for retail uses.

K. Corcoran said he would schedule a meeting with a representative from the county and the applicant to discuss what is necessary to address these issues.

It was agreed by the applicant and the Commission to continue this application at a future date.


The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, May 11, 2009.  The agenda meeting will be held on Monday, May 4, 2009.  With no further items on the agenda, the meeting was adjourned at 8:15 p.m.


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



_________________________________________________                                             ________________________________________________