Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
October 12
Town of Glenville
Planning and Zoning Commission
Monday, October 12, 2009
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


Present:        Chairman Michael Carr, Jim Gibney, Tom Bodden, Steve Marsh, Mark Storti, and Walt Pryne

Absent: Cindy Gotobed

Also Attending: Paul Borisenko, Buildng Inspector, Kevin Corcoran, Town Planner, Margaret Huff, Town Attorney, and Chris Flanders, Recording Secretary


1.      Approval of the minutes of the September 14, 2009 meeting

Motion:  W. Pryne    Seconded:  M. Storti
Vote:   Ayes: 6 Noes: 0 Absent: 1        


2.  Three Sons Petroleum Corporation                                            Site Plan Review
    2901 Amsterdam Road                                                        Final (Public Hearing)

The applicant is proposing to redevelop and upgrade the Tel-Oil gasoline station/mini-mart.  The redevelopment and re-branding to Sunoco involves the erection of new canopies over the existing gasoline and diesel fuel pumps, relocation of the above-ground kerosene tank/pump and construction of a new 1,700 sq. ft. mini-mart.  The property is zoned Community Business, and it is located in Zone II (Primary Recharge Zone) of the Schenectady Aquifer.  

Joseph Bianchine, ABD Engineering, addressed the Commission.  Also present was Frank Gilmore to address any architectural questions.

J. Bianchine briefly reviewed the application.  He said the proposal is to remove the existing mini-mart and build a slightly bigger one.  The pumps would stay the same, but the canopies over the pumps would be new.  Re-paving would be done on the site as indicated in gray on the plan.  The septic system is located in the green area indicated on the map; a percolation test was done there in the past two weeks and it appears everything is adequate; the septic system has worked fine for the last fifty years without any problems.  There will be a private bathroom; water fixtures will be upgraded and J. Bianchine said the 200 gallon per day water use would be decreased.  He said a toilet was found to be running and a sink to be dripping which probably resulted in the extra water usage.  There would be some landscaping added and lighting, which will be directed downward.  The added blacktop will improve the drainage to the DOT system and canopy and roof drainage would be directed to the same system.  He stated that DOT basically agreed with what has been laid out.  J. Bianchine also said the grooved concrete area will help with any spills and will have to be cleaned frequently by the owners.

Planning & Zoning Minutes
October 12, 2009
Page 2

Frank Gilmore then spoke about the architecture of the proposed building.  He said it will have a hip roof with ventilators at the ends, dark green architectural shingles, and the front extends over the width of the sidewalk.  Brick veneer will be on the front and sides with vinyl siding on the rear of the building.  He said the Sunoco banner is dramatic and discussion followed about the intensity of the colors of those graphics.  

M. Carr asked about the fire suppression on the canopy.  He noted that some systems hang down from the canopy and are unsightly.  Mr. Mehmood agreed and said he will talk to Valley Equipment about his options.

When asked, J. Bianchine listed landscaping as blue rug, (a low growing juniper), burning bush, gold tipped junipers, with lilac and burning bush along the rear.  In front of the canopy there is presently asphalt; if approved by DOT, the applicant would like to make that area grass.

M. Carr then read from an e-mail from Engineering Tech Dana Gilgore as follows:

-~~~~~~~~~ the perc test was conducted next to the white pine tree in the grassed area of the Dunkin Donuts property ( I will get you a copy of the location I marked on the site plan while I was there). I explained to Luigi from ABD engrs that this location was on the property adjacent to Tel~Oil and he asked me to witness it anyway. He indicated to me that he was unable to dig a hole in the area of the existing system due to compaction issues and he showed me an area behind the station where he attempted to dig the hole.
~
-~~~~~~~~~ I’m still not sure how the 100 gpd was arrived at and the whole private versus public restroom issue. ~As I stated at last month’s meeting, the NYSDEC~ ’88 design standards (the “blue book”) lists a an expected hydraulic loading of 400 gpd per bathroom for service stations.~ Applying the 20% reduction results in a loading of 320 gpd per bathroom. You guys will have to work that out. Ag and Markets has jurisdiction over these types of facilities as I understand it, perhaps they can be of some assistance if it gets to that point.
~
~
-~~~~~~~~~ Having said all that -~ ABD’s latest letter dated 9/29/09 states that “the area where the septic is located appears adequate for the proposed water uses …” so I guess that sums up their investigation of the existing septic system. As I explained at the perc test with Luigi from ABD,~my concern is only that the existing septic system will accept the proposed changes and that we will have room left on the site to construct a new system when this one fails.

M. Carr asked J. Bianchine, for the record, if he was satisfied that there is enough room on site to construct a new system should the existing system fail, and J. Bianchine said there is plenty of room.   M. Carr said the applicant will need to deal with the County and D. Gilgore regarding this issue.  

M. Carr then referred to a letter from R. LeClair, Water Purveyor, stating he is satisfied with the responses; the issues he has are the ones stated by D. Gilgore

M. Carr said he has reviewed the leak detection records and they look fine.  He reiterated his concern that this is a gas station located over the aquifer and the applicant must be overly diligent; and questions or concerns must be immediately reported and adequately addressed, as this could affect our

Planning & Zoning Minutes
October 12, 2009
Page 3

water supply.  Any evidence of a leak must be reported, and he wants this to be crystal clear to the applicants.  The monetary penalties and fines from DEC can be in the millions of dollars.

S. Marsh asked if the compressors for air conditioning and freezers will be at grade level.  F. Gilmore said they would be on a pad in the rear instead of the roof.  That makes them easier to maintain and not as visible.

M. Storti asked about the enclosure screening for the dumpster.  J. Bianchine said it would be chain link fencing with slats.  M. Storti suggested more vegetation around it to make it more appealing.  M. Storti then asked about the traffic circulation and fuel truck traffic patterns.  J. Bianchine indicated on the map where fuel trucks enter off-site using an easement.   

M. Carr then read the Zoning Coordination Referral from the Schenectady County Department of Economic Development and Planning as follows:

The Schenectady County Department of Economic Development and Planning approves of the proposal contingent upon review and approval by the Intermunicipal Watershed Rules and Regulations Board.  Notwithstanding the above, protections to prevent fuel spills from moving off the paved area and into the soil should be incorporated into the design as required by section 270-55 B 2.  Additionally, no landscaping of any kind is proposed on the site.

M. Carr said the landscaping has been addressed, the surface spill prevention has been addressed with limiting barriers, the tanks and lines are all double-walled and there is electronic leak detection.  He reminded the applicant that he must be vigilant as this is an environmentally sensitive area.

When asked, P. Huff stated R. LeClair’s letter should state that it is being submitted in his capacity of Water Purveyor.  K. Corcoran will request this of Mr. LeClair.

M. Carr asked J. Bianchine if he is prepared to contact D. Gilgore regarding the percolation test, and J. Bianchine indicated he will do so.

Chairman Carr then opened the hearing to the public.

Pat Vieta, 610 Wagner Road, said she is in favor of the upgrades, but although she does not use town water, she is concerned about the aquifer.  She asks that the town take a proactive stand regarding monitoring this data, ensuring readings are accurate, and that it is presented the way it should be.

Tim Adair, TIMCO Transportation, located next to the gas station site, and he agrees with Ms. Vieta regarding the upgrades to the station.  He said currently traffic is allowed in the rear of the building and asked if that will continue to be allowed.  He said tractor trailers access his property through that area, and he was assured by the previous owner, Pete Jacobs, that it would remain open.  It was determined this will now be greenspace, a grassy area.    

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

Planning & Zoning Minutes
October 12, 2009
Page 4

J. Gibney asked K. Corcoran if the building color scheme is acceptable.  K. Corcoran responded that he has not seen the paint colors just provided tonight; he would have to review them.  There are certain colors and textures that are not allowed.  The elevation has been provided, but the color scheme is new.  M. Carr noted that Sunoco has a typical color scheme wherever they go; it is bright, it does jump out, but appears to be minimized here as it is not on the entire building.  K. Corcoran said high intensity colors, metallic, black or fluorescent colors are not allowed.  The logo is allowed as part of the sign as trademark protection.  F. Gilmore said the Sunoco graphic is so strong, so bright, that the building color is intentionally subdued to natural tones.  

M. Carr asked about the sign.  Mr. Mehmood said it will be square, without the arrow, digital LED, with the Sunoco logo.  M. Carr asked if the town code addresses LED signage and P. Borisenko said it does not.  M. Carr suggested an update to the code may be necessary as these signs grow in popularity.  K. Corcoran noted that technology is constantly changing and the code will need changing as well.

S. Marsh asked about the color of the canopy.  F. Gilmore said the door will be the strong blue of the graphic, the brick and grout will be understated.  The canopy will have the same graphic as the sign, blue, yellow, and red.  M. Carr asked if anything can be done to mute those colors.  S. Marsh stated although this gas station and the Hess gas station are in different parts of town, and this canopy may be acceptable here, he wants to make sure the businesses are treated equally.

M. Carr asked if decals and pump toppers will be used.  Mr. Mehmood said they will be used for advertising, and the message is changed monthly.

MOTION

In the matter of the final site plan review application by Three Sons Petroleum Corporation for the redevelopment and upgrade of the Tel-Oil gasoline station /mini-mart located at 2901 Amsterdam Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

1.      The proposed use does exhibit adequate and logical vehicular access and circulation, including intersections, road widths, curbing, and traffic controls.

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

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

Conditions of Approval:

1. Confirmation that the percolation test was performed on the Tel-Oil property and agreeing to work with the Engineering Department regarding that testing.
2. Compliance with Engineering Department requirements regarding the adequacy of the septic system.
Planning & Zoning Minutes
October 12, 2009
Page 5

3. Compliance with zoning requirements regarding color scheme, building materials for the structures and signage.
4. Compliance with zoning requirements regarding signage.
5. Landscaping is to be increased around the dumpster located in the rear of the property.
6. Any issues identified during construction, any contamination discovered, is required to be reported to the Department of Environmental Conservation within two hours of discovery.
7. The applicant must be extremely diligent in the operation of this gas station and in the event of any evidence of a release or a meter alarm.  The applicant acknowledges this is the water supply for over ten thousand residents.

Motion:  M. Storti    Seconded:  T. Bodden
Vote:   Ayes: 6 Noes: 0 Absent: 1


3.  Roland J. Down, LLC                                                 Site Plan Review
    13 Airport Road    Preliminary – Continued from
                                                                                        April

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, and Leslie Pultz of J. Kenneth Fraser and Associates, Kimberlee Dale, attorney, and Steve Menhennitt, General Manager of Roland J. Down were present to address the Commission.

H. Johannessen said what is being proposed addresses the issues raised by the County.  The number of parking spaces has been decreased from 141 to 99, and the parking lot re-striped to limit access to three designated points.  The parking spaces that were in the county right-of-way were eliminated, circulation is improved and pedestrian walks have been added.

M. Carr read from the Zoning Coordination Referral from the Schenectady County Department of Economic Development and Planning 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 protections 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.

Planning & Zoning Minutes
October 12, 2009
Page 6

M. Carr stated the reason this application is before the Commission is because this work has already been completed without the proper permits and approvals.  

Leslie Pultz explained the three points of entry are away from the curve of the roadway.  M. Carr asked if any physical buffers are planned between these points and L. Pultz said at this time, only striping is planned.  M. Carr asked if the applicant will consider installing landscaped islands and L. Pultz said they are not ready to commit to that due to the expense and uncertainty about what will happen in the future with connecting roads.  For the record, M. Carr said landscaped islands to physically define the entrances would be good and much better than painting stripes.  

M. Storti said the Commission is looking for queing for traffic flow guidance to entrance and exits, especially if there is more development at the airport.  M. Carr said there are cost effective ways to accomplish this, for example moveable planters.  The traffic volume is extremely low now, but could increase.  H. Johannassen stated the use is mostly employees, not public comings and goings, and S. Menhennitt currently polices the traffic.  Curbing is not what the applicant is prepared to do at this time.

M. Carr said he understands, but read from the County referral again, ... 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 protections for parked vehicles.”  

H. Johannassen said he is not speaking for Roland J. Down, but a solution may be temporary concrete curbing or stops as a barrier that would control traffic.

M. Carr said the approach from his perspective is two-fold – traffic control and green space.  This Commission would like to see this, and the recommendation from the County supports it.

S. Marsh said although there is always some expense incurrred, but if the stops and planters could be combined, and of a portable nature, this could represent a line for traffic flow.

P. Huff asked if anything has been done to check the hook-up to town utilities.  P. Borisenko said the connections need to be verified as they were completed without permits.

MOTION

In the matter of the site plan review application by Roland J. Down, for the conversion of a warehouse into office space, located at 13 Airport 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: 6 Noes: 0 Absent: 1


Planning & Zoning Minutes
October 12, 2009
Page 7

MOTION

In the matter of the preliminary site plan review application by Roland J. Down for the conversion of a warehouse into office space, located at 13 Airport Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.      Verification of municipal utility connection, both water and sewer, requiring consultation with the town Engineering and Water Departments.  Any fees that would have been incurred now apply, and are due and payable.
2.      Prepare a plan for curbing and landscaping to direct traffic flow through this business area; plantings can be seasonal and moveable.

The Commission hereby schedules a public hearing for November 9, 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 November 9, 2009, 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: 1


With no further items on the agenda, the meeting was adjourned at 8:07 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, November 9, 2009.  The agenda meeting will be held on Monday, November 2, 2009.  



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

_________________________________________________                                             ________________________________________________