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January 11
Town of Glenville
Planning and Zoning Commission
Monday, January 11, 2010
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302

Present:        Chairman Michael Carr, Jim Gibney, Tom Bodden, Steve Marsh, and Cindy Gotobed

Excused:        Joe Tassone

Absent: Mark Storti

Also Attending: Paul Borisenko, Building Inspector, Mike Burns, Planning, Dana Gilgore, Engineering, Margaret Huff, Town Attorney, Cal Welch, GECC Co-Chairman, and Chris Flanders, Recording Secretary

1.      Approval of the agenda of the December 14th meeting

Motion:  M. Carr    Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2        

2.      Approval of the minutes of the December 14, 2009 meeting

        Attorney Huff asked for clarification on the Maddalone application regarding the wording of the placement of the fence around the detention pond.  It was determined the minutes would be accepted as written.
Motion:  J. Gibney   Seconded:  S. Marsh
Vote:   Ayes: 5 Noes: 0 Absent: 2        

2.  Mohawk Honda                                                        Site Plan Review
    175 Freemans Bridge Road                                           (Final Public Hearing)
This proposal involves the renovation and expansion of the former Salisbury Chevrolet building.  Renovations include a new showroom and car wash area as well as additional parking and landscaping.  The property is zoned General Business.

The applicant was represented by Michael Hale, Synthesis.  He showed the existing site, a 5.9 acre parcel with approximately 21% greenspace.  The building is currently serviced by a septic system; although connection to the municipal system was approved, it was never installed.  He said the existing dry wells seem to be working.

Planning & Zoning Minutes    
January 11, 2010
Page 2

The proposed additions are a 4,500 sq. ft. service and reception area, and an addition of 1,200 sq. ft. on the front of the building.  The entry is currently covered, but it will be improved.  There is 442 parking spaces which will be realigned.  The greenspace will be redistributed to the perimeter of the parcel and on landscaped islands.  The islands will be angled to reduce cut-through traffic.  The approved sanitary system will be installed with some minor modifications.

M. Hale continued to say the dry wells have been tested and will be used as needed.  The smaller parking areas indicated on the map are for inventory storage, not for customers.  There was an environmental analysis on soils on the site and buried fuel tanks will be removed along with any contaminated soils.  Additional testing around drywells is to be completed this week.  State standards will be utilized should there be a need to remove any material.

After last month’s meeting, the lighting plan was reassessed.  The wattage will be reduced to little more than half of the original plan.  A light meter was used at other locations along this corridor to test the typical lighting levels.  The result of the findings is a new photometric plan.  ‘Night friendly’ fixtures are used and neighbors and the airport should not be impacted by too much reflectivity.

The application has been before the Zoning Board of Appeals and the variance for substandard parking has been granted.

M. Carr said he contacted DEC and they are comfortable with what is happening.  The point at Veterans Park at Route 50 was formerly a gas station and there was some contamination from it at one time.  This should be kept in mind when the consultants are doing their review.  He added that the issue of the lighting plan looks reasonable.  A memo from a nearby resident was received and read into the minutes as well as the applicant’s response as follows:

Date:   January 11, 2010

To:     Glenville Planning & Zoning Commission

From:   Gregg & Teresa Petricca

Re:     Mohawk Honda Application

We live at 5 Horstman Drive and have an unobstructed view of the proposed Mohawk Honda site.   While we are pleased that the use of the site will remain unchanged we do have a concern we ask you to take into consideration during your review.

Our concern is with the lighting on the site.  We understand that the wattage of the lamps has been downgraded from originally proposed however we remain concerned that the lights may shine into our home.   This concern is based on the fact that the current lights already do just that. There is an existing light on a pole that is aimed directly at our house and shines into the rooms on that side which includes a bedroom.  Several conversations with the previous occupant resulted in no change to the lighting situation.

We ask that you carefully consider the placement, wattage and direction of the lights proposed for the parking lot, building and signage to insure that they do not negatively impact our residential property by shining into our windows.  We also ask that the existing lighting aimed towards our home is redirected.
Planning & Zoning Minutes    
January 11, 2010
Page 3

Using a commercial property to light a reportedly dark street does not seem to be in the best interests of the residents of that street.  We have lived in our home for 19 years and speak regularly with our neighbors.  We have never heard anyone complain about a lack of lighting on Horstman Drive.

Thank you for your consideration with our request.

Gregg & Teresa Petricca
5 Horstman Drive

M. Hale’s response:

We understand the concerns expressed by the owner/occupant of 5 Horstman Drive.  Our design of the lighting system, we should point out, was mindful of the neighboring residents.  Accordingly, our selection of fixtures include a downcast, full cut-off shoe box style that is classified as “night sky friendly.”  The secondary lower pole mounted fixtures will be directed downward onto the adjacent vehicles, with the illumination limited to the parking area.  Unlike the existing fixtures, there will be little or no side-cast light with these more advanced fixtures.  While the lights themselves will of course be visible from a distance, our analysis of foot-candle levels for the site support our conclusion that the illumination will not spill over the adjoining roadways or into the adjoining residential area.

Hopefully this will help clarify the approach to lighting that should be an improvement over the previously existing condition.

M. Carr stated for the record that the FAA and the airport have been advised of this project.  M. Hale said he is waiting for a response to his correspondence to the FAA.

S. Marsh clarified that the way the lighting is designed takes in many factors.  Lamps fade over time, dirt gets on the lens, and brightness will taper off from what it is in the beginning as a new system.  Lighting levels are calculated with factors indicating long term effects at a sustained lighting level.  

T. Bodden said he had walked to #5 Horstman Drive in the evening, and the light shining into the yard seemed to be from the streetlight.  M. Hale said the only lights operating now are on Freemans Bridge Road.  The streetlight on Route 50 is not on this property, but belongs to DOT.

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

T. Bodden asked about the variances required.  M. Hale said the applicant may have to return to the ZBA regarding the proposed sign, but at this point it is a non-issue.

Dana Gilgore, Engineering Department, stated pretreatment requirements for the roof leaders prior to discharge was discussed at the agenda meeting.  M. Hale said pretreatment is not required because the roof drainage will go directly to the drywell.  D. Gilgore noted that the new CVS on Saratoga Road was required to do so per DEC guidelines.  D. Gilgore said he will verify this.  He said if it needs to be addressed, he would work it out with the applicant.

Planning & Zoning Minutes    
January 11, 2010
Page 4


In the matter of the final site plan review application by Mohawk Honda for the renovation and expansion of the building located at 175 Freemans Bridge Road, formerly known as the Salisbury Chevrolet auto dealership, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

1.      The proposed use does conform to other applicable provisions of the Zoning Ordinance, including, but not limited to, landscaping requirements, building design, off-street parking requirements, building setbacks, fence requirements, sign regulations, storm water management and erosion control requirements, etc.  It is noted that two required variances have been granted by the Zoning Board of Appeals.
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 adequate and logical location, arrangement, and setting of off-street parking and loading areas.
4.      The proposed use does exhibit adequate and logical placement, arrangement, size, and design of buildings, lighting, and signs.
5.      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.
6.      The proposed use does demonstrate adequate provisions for the collection and/or disposal of storm water, sanitary waste, and garbage.
7.      The proposed use will allow for adequate on-site snow plowing and snow storage.
8.      The proposed use does demonstrate adequacy and durability of structures, roadways, utilities, and landscaping in areas with moderate to high susceptibility to flooding, ponding, and/or erosion.
9.      The proposed use does retain existing trees and vegetation for aesthetic reasons, and minimize soil erosion and siltation.
10.     The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.
12.     The proposed use does provide suitable open space to maintain existing buffering and/or recreation purposes.

Conditions of Approval:
1.  The issue of pretreatment of stormwater runoff is to be resolved and meet state standards.
2.  For the record, the FAA has been provided with this plan for any input on the proposed lighting at this facility.  In the event the FAA returns comments, the applicant will comply with any directives and take any recommendations into consideration.

Motion:  J. Gibney   Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 2        

Planning & Zoning Minutes    
January 11, 2010
Page 5

3.  Maddalone Development                                               Major (8-lot) Subdivision
    Woodruff Drive & Judy Drive        Final (public hearing closed last month)
“Park Ridge Estates” is a major subdivision proposal of a 10.18 +/- acre parcel at the end of Woodruff Drive and Judy Drive. The proposal consists of 8 new single-family residential building lots and a stormwater detention basin parcel to be dedicated to the Town.  Public water would be extended from Woodruff Drive and all lots would have on-site septic systems. The parcel is located within a Suburban Residential zoning district.  

Melissa Currier, CT Male, represented the applicants.  She briefly summarized the project.  She said water line details have been added and are technical in nature.  

M. Carr asked about stormwater crossing the road.  D. Gilgore said he went to the site of where the new road (Victoria Drive) will be with the engineers and have resolved the issue with a workable solution.  This will be drawn on the final plans and detail notes will be added, as well.  

M. Carr asked about a performance bond for the highway.  He said raised bed septic systems require many, many truckloads of dirt which could damage town roads.  M. Currier said Chris Maddalone and Rick LeClair met and a dollar amount agreeable to both parties was determined for the bond.  

When asked, P. Huff stated she prefers a performance bond over a letter of credit, but this should be discussed with new town attorney Michael Cuevas.  M. Carr does not want to impose a financial burden on the applicant, but provisions must be made for any damage to the road.  The road in question is Woodruff Drive.  

M. Carr said multiple entities have been looking at this technical data; town staff, town engineering, C.T. Male developed the stormwater design, a town designated engineer (Chazen) reviewed the calculations, and all opinions agreed the stormwater will be managed appropriately.  
The applicant is going to maintain the stormwater system for one year and document the performance of this system and see that it does not negatively impact the neighbors.  D. Gilgore added that before the town accepts dedication of this system, it will have to be proven to work.

T. Bodden asked if the homes would be built at grade or would the elevations be raised.  M. Currier said homes would be about 4-5 feet above grade.  Underdrains will be provided if inspections warrant them.

When asked about phasing, M. Currier said the infrastructure will be completely built first; the homes will be built as sold.  M. Carr stated the performance bond would have to cover as many years that construction continues.  M. Burns added that the subdivision ordinance addresses that situation.

Planning & Zoning Minutes    
January 11, 2010
Page 6


In the matter of the major subdivision application by Maddalone Development, for an eight-lot  subdivision located at Woodruff Drive and Judy Drive, the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.

Supporting Reasons:  Three groups have reviewed the stormwater calculations, which seems to be the biggest concern for this development; the Engineering Department has worked well with the applicant; the applicant has a reputable engineering firm; Town designated engineering firm, Chazen Companies, has reviewed the calculations, and all have come to the conclusion that the adjoining neighbors will not be adversely impacted in respect to stormwater.  Further, provisions for the septic systems and soil conditions have been extensively investigated to avoid any negative impacts.

Motion:  M. Carr   Seconded:  T. Bodden
Vote:   Ayes: 5 Noes: 0 Absent: 2        


In the matter of the final minor subdivision application by Maddalone Development for an eight-lot subdivision located at Woodruff Drive and Judy Drive, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

The proposed use takes into consideration the relationship of this project to the neighborhood and the community, and the best use of the land being subdivided.  Factors considered include:

·       Compliance with the requirements of the Zoning Ordinance and the policies of the Comprehensive Plan.
·       Logical arrangement, location and width of streets.
·       The lots’ and street(s)’ relationship to the topography of the site.
·       Adequacy and arrangement of water supply, sewage disposal and drainage.
·       Accommodation for future development of adjoining lands as yet unsubdivided.
·       Adequacy of lot sizes to achieve the above.

Conditions of Approval:

1.  Any remaining stormwater issues need to be resolved to the satisfaction of the Town of Glenville Engineering Department.
2.  The basin discharge issue of where it discharges and diffuses needs to be resolved to the satisfaction of the Town of Glenville Engineering Department.
3.  The performance bond and/or letter of credit issue, as determined by town attorneys, must be resolved prior to approval and will remain in effect for the entire length of time of development.
Planning & Zoning Minutes    
January 11, 2010
Page 7

Further, this Commission finds that a proper case exists for requiring the applicant to provide suitable land for park or playground purposes.  The need for additional park and recreation facilities has been documented in the Comprehensive Plan, in addition to having been identified by both the Glenville Park Planning Committee and the Community Center Planning Committee.

However, due to the small number of lots in this particular subdivision, this Commission finds that the imposition of an in-lieu-of fee is more appropriate than land dedication for this particular subdivision.  The recreation fee to be levied is $1,000.00 per new lot.  In this case, the applicant is hereby required to pay a fee of $7,000.

Motion:  M. Carr   Seconded:  S. Marsh
Vote:   Ayes: 5 Noes: 0 Absent: 2        

4.  Thomas J. Pai                                                               Minor (2-lot) Subdivision
     1036 Van Vorst Road                                                       (Preliminary)

The applicant is proposing to subdivide a 7.4-acre parcel into two lots, one of which would be 3.8 acres in size and the other 3.6 acres.  Both lots would be served by public water and private septic systems.  The property is zoned Suburban Residential.  

David Bogardus, Northeast Land Survey, represented the applicant.  He briefly described the proposal.  One residence was on the property but burned down about one year ago.  He is proposing two lots for two new homes and two septic systems.  Representatives from the Department of Health and Town of Glenville witnessed soil condition testing.  Indications were that mound systems could be done with the present conditions.  Mr. Pai had 3½’ - 4½’ of fill brought in to sit through a freeze/thaw cycle which would enable the use of conventional septic systems.  

D. Bogardus said this application was brought before the Glenville Environmental Conservation Commission and received a negative declaration.  Soil disturbance is under the one-acre threshold; therefore a SWPPP will not be required.  He stated that DEC recommended procedures will be followed and are noted on the map.  He said there are no regulated DEC or ACOE wetlands that he is aware of, however during the course of surveying this property, pockets of impounded water were noticed.  A 100’ setback from the boundary of that possible, seasonal wetland has been imposed.  The septic system is based on worst conditions and house elevation is addressed by note #7 on the plan.

D. Bogardus said the GECC questioned water pressure at the site.  The water main is located on the north side of Van Vorst Road and a water line that serviced the residence.  As a second line will be needed, a note has been added stating there is a need to coordinate water service with the Town of Glenville.  T. Pai said he spoke with the water department and there is enough water pressure there for two houses.

Planning & Zoning Minutes    
January 11, 2010
Page 8

M. Carr noted that the property across the road from this site was developed a few years ago and the town required the applicant to extend the waterline.  The position of the town is that the water main needs to extend farther down the road.  D. Gilgore said although it would be nice to have the water line extended to the first lot, and replacing the line presently there, it can’t be required.  The second lot should be serviced by extending the water main.  

M. Burns said Kevin Corcoran, Dennis Russell and he were at the site and the main would have to be extended about 220’.  This would be an 8” main.

D. Bogardus said that would cost at least $70 per lineal foot and not be economically feasible; he would investigate a well first.  M. Carr stated that due to town standards, the developer of the Garrison property was required to extend the water line.  D. Bogardus said his firm handled that project and that it was for a greater number of lots, which made it more feasible.  A well would cost about $6,000 or $7,000.

D. Gilgore offered some background to the Commission.  In the past, individual lines were approved in the right-of-way and the town is responsible for every small, individual service.  The town water department can’t maintain so many lines.  M. Carr reiterated the existing line can stay, but if not economically feasible to extend the main, the second property lot will need an alternative water supply such as a potable drinking water well, as opposed to tapping into the existing 1” copper line.  

The required distance between a well and septic system was discussed.  M. Carr asked D. Bogardus if there is room for both a well and septic system on the second lot, and D. Bogardus said in his opinion, there is.

M. Carr stated he didn’t want to encumber the applicant with the cost of extension of the main, but it appears the applicant has a ‘Plan B’, a potable well.

J. Gibney asked about sight distance and was told the two existing driveway cuts will be used again.

P. Huff clarified that the GECC made a recommendation for a negative declaration.


In the matter of the minor subdivision application by Thomas Pai, for a two-lot subdivision, located at 1036 Van Vorst 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. Carr   Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2        

Planning & Zoning Minutes    
January 11, 2010
Page 9


In the matter of the preliminary minor subdivision application by Thomas Pai for a two-lot subdivision located at 1036 Van Vorst Road, the Planning and Zoning Commission hereby conditionally approves the preliminary application.  

Conditions of preliminary subdivision approval are as follows:

1.      If the lot to west is developed, it will require a potable water well as opposed to connecting to the existing water line.
2.      For record, the lot to the northeast has an existing 1” copper water line which can remain in place and is satisfactory to the Town Engineering Department.
3.      A note is to be added on the map stating that unless the water main is extended, a potable water well will be required.

The Commission hereby schedules a public hearing for February 8, 2010 to consider the final minor subdivision application.  However, in order for the Commission to schedule a public hearing for February 8th, 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. Carr   Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2        

5.  Baptist Health Nursing & Rehabilitation Center              Zoning Map Amendment
7 Swaggertown Road      Recommendation to the Town Board on a Mixed Use Planned Development

Baptist Health Nursing & Rehabilitation Center is requesting a zoning map amendment to establish a mixed use planned development district on a 48.5-acre property on the west side of Swaggertown Road, commonly referred to as the “Horstman Farm.”  The proposed mixed use PDD includes a three-story 126-unit assisted living center, a three-story 120-unit independent living center, 36 independent living cottages, 21 greenhouse-style nursing home units and an adult day care center.  A 4.06-acre commercial parcel is also planned along Swaggertown Road.  The property is currently zoned Suburban Residential.  

M. Carr noted that there will be a Town Board work session regarding this application on January 13th and the SEQR Lead Agency requests from involved and interested agencies have been submitted with responses due January 27th.  A recommendation will not be made at this time until the process goes forward, but the applicant will give an overview of the project.

Planning & Zoning Minutes    
January 11, 2010
Page 10

Tony Alotta, Associate Administrator at Baptist Health, introduced the project team as Tony DeFranco, Liz Cormos, and Tim Bartos.

Mr. Alotta stated that Baptist Health has been a service the community since 1977.  The project will continue care for the elderly.

Five phases are planned for this facility, with the first phase being an assisted living facility, slated to start next summer.  This would be a 60-unit facility with expansion potential for up to an additional 66 beds.  The second phase would be 19 greenhouse style units, which refers to a philosophy of care that is patient focused.  These 19 buildings would be ranch style homes with 10-12 residents.  Part of Phase 2 includes a 25 person adult day care center.  Phase 3 adds 84 independent living units, with potential to expand another 36 beds if demand warrants.  Phase 4 of the project includes 36 duplex style independent cottages, and the final phase would be a senior-oriented commercial parcel for banking or a café, for example.

T. Allota said the GECC had some recommendations which were addressable.  About 25 neighbors attended an informational meeting about the project and the main issue was the increase of traffic.  In general, the project was well received.  They have also met with the fire department and will continue to meet to address any concerns fire department staff may have.

T. Allota said this will be a green campus with trees and landscaping blending in with the neighborhood.  The funding will be by a DOH grant, HEAL, which does carry a time limit.

Issues that will need to be investigated and addressed include stormwater runoff, depth to bedrock, and traffic.  Approximately 22 new jobs will be created during Phase 1; most residents do not drive.  Busses are used for activities.  Archeological Phase 1A and 1B studies have been completed and no further study is recommended.  Wetland delineation has been done with 1.05 acre designated as ACOE wetlands.  

D. Gilgore said he is reviewing options for the sanitary sewer and will be meeting with DPW to go over various options.  

This application will be continued at next month’s meeting.

D. Gilgore stated to the Commission that he will get accurate numbers re: the Pai application cost of the water line extension.

With no further items on the agenda, the meeting was adjourned at 9:50 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, February 8, 2010.  The agenda meeting will be held on Monday, February 1, 2010.  

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

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