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February 8
Town of Glenville
Planning and Zoning Commission
Monday, February 8, 2010
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302

Present:        Chairman Michael Carr, Jim Gibney, Tom Bodden, Steve Marsh, Joe Tassone, Mark Storti, and Cindy Gotobed

Also Attending: Kevin Corcoran, Planning Department, Dana Gilgore, Engineering Department, Margaret Huff, Town Attorney, and Chris Flanders, Recording Secretary

1.      Approval of the agenda

Motion:  M. Carr    Seconded:  J. Gibney
Vote:   Ayes: 7 Noes: 0 Absent: 0        

Approval of the minutes of the January 11, 2010 meeting

Motion:  M. Carr    Seconded:  T. Bodden
Vote:   Ayes: 7 Noes: 0 Absent: 0        

Before continuing the meeting, Chairman Carr welcomed Joseph Tassone, Jr. to the Planning and Zoning Commission.  He was appointed to the vacant seat and will serve a seven-year term.

2.  Thomas J. Pai                                                       Minor (2-lot) Subdivision
     1036 Van Vorst Road                                               Final (Public Hearing)

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.  The property is zoned Suburban Residential.  

David Bogardus, Northeast Land Survey, represented the applicant.  He stated that there is one issue remaining from the last Planning and Zoning meeting, and that is the water source for Lot #2.  A note was added to the map stating: If permission is denied to install the additional water service for Lot No. 2, a well should be installed in the location depicted on this plan and in accordance with New York State Department of Health Regulations.  The proposed well location is shown on the map.  He also said the cost mentioned at the last meeting to extend the water line was incorrect, but it would be approximately $35,000.  He said that Town of Glenville Subdivision Regulations, paragraph 242-34 states “Where public water is not available, water supply may be approved from private wells.”  

Planning & Zoning Minutes    
February 8, 2010
Page 2

M. Carr said the Engineering Department estimated the cost of the water line extension to be about $25,000.  He asked if the fill that was brought in is to be used for a raised bed septic system.  D. Bogardus said not necessarily.  The fill may be used for the freeze/thaw scenario, prepping the soil for conventional septic systems, or given the grades of the lots, it may be used for mound systems.

M. Carr said the extension of the water line could greatly increase the value of the lots.  Ultimately, it was decided to require the extension of the water line.  P. Borisenko, the Building Inspector, and the Engineering Department advised that this is required by NYS Building Code.  There is also a precedent with the development across the road.  

D. Gilgore said he spoke with Mr. Borisenko, who told him when public water is available, it needs to be brought to the lot.  The Water and Sewer Department wants the line extended, as well, and does not allow for tapping off the existing ¾” line.  D. Gilgore also questioned the location of the proposed well.

D. Bogardus asked what is the rationale of this decision.  M. Carr answered that the Garrison property developer was required to do the same thing.  According to the Engineering and Water Departments, it is not acceptable to tap into a 1” lateral to feed an adjacent lot.  The Building Inspector’s interpretation is that it does not meet state building code.

Mr. Pai said he may build on Lot #1, sell it, and use the return to extend water to Lot #2.  The Water Department re-measured the length and the footage is about 190’, which is more feasible.

D. Bogardus said he will take the well off the map and change the note to read that the applicant will extend the water line.

K. Corcoran, Town Planner, said the water line should be shown on the map.  D. Gilgore stated the main line is 12” and a hydrant would be required at the end.

T. Bodden asked if the extension cost could be assessed to the existing water district and P. Huff, Town Attorney, said it could not, as it is being privately extended.

Chairman Carr then opened the hearing to the public.

Adele Weller, 964 Van Vorst Road, asked about the location of the house on Lot #2 and access to it.  D. Bogardus explained the existing circular drive will be used.  There will be no new curb cuts and the house will be near the road.

Wayne Andrews, 7 Brierwood Court, asked if the new homes would be located close to his home, which is in the rear of these lots.  D. Bogardus stated that the houses would be 100-125’ set back from Van Vorst Road.

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

Planning & Zoning Minutes    
February 8, 2010
Page 3

C. Gotobed addressed the applicant and said that from the perspective of a realtor, his cost of extending the water line will be recuperated; with public water, the house will sell easier.

It was noted that a SEQRA determination was voted upon at the last Planning and Zoning meeting, and a negative declaration was issued.


In the matter of the final 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 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.

Conditions of Approval:

1.  Water line is to be noted on the final map showing the 12” water line extension and hydrant.  This is to be reviewed by and satisfactory to the Planning, Engineering, and Building Departments.

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 $1,000.

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

Planning & Zoning Minutes    
February 8, 2010
Page 4

3.  Baptist Health Nursing & Rehabilitation Center              Zoning Map Amendment
7 Swaggertown Road      Recommendation and SEQR         Determination

Baptist Health Nursing and 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.  

Tony Alotta, Associate Administrator, Baptist Health, was present to address the Commission.

As there were many interested neighbors in the audience, M. Carr reminded them that this is not a public hearing; as a group, the GECC and the PZC have reviewed this application, but the ultimate decision will be made by the Town Board.  The Town Board will hold a public hearing when it is before them and the public will have an opportunity to voice any concerns.

T. Alotta stated that he is seeking a zoning map amendment recommendation to the Town Board, and asking the Planning and Zoning Commission to consider the extension of the four-year PDD term limit.  He said because he is dealing with many regulatory agencies as a not-for-profit entity, the process is slowed considerably.

M. Carr stated he would detail points and comments made at the agenda meeting and would like to commend the Glenville Environmental Conservation Commission for their thorough review and list of concerns they would like to have addressed.  Any type of recommendation that the PZC has will incorporate these concerns.

M. Carr listed agenda comments as follows:
Ø       P&ZC has concerns that if the zoning change is granted, each construction phase may not be eligible for appropriate review if conditions change over the course of several years.
Ø       Concern over the 8-10 year time frame proposed by the applicant versus 4-year PDD time frame detailed in the town zoning regulations.
Ø       See GECC Comments, traffic, buffers, utilities, etc.  The proposed retail area must be positively identified and the layout what type of commercial development is proposed.
Ø       P&ZC needs to see more detailed plans for each phase (site plan review) including building elevations, etc.  
Ø       This application is significant; however, the Town Master Plan calls for mixed use and there is a demonstrated need for this type of development.
Ø       Structure the recommendation to develop what the applicant has stated they can accomplish in a 4-year time frame; the P&ZC understands this to be Phase 1 and 2 only.
Ø       Anything beyond a 4-year time frame will require the applicant to return to the Town for approval as stated in town zoning regulations.  If the regulations change in that time, then the applicant would have to comply with the newer regulations.
Planning & Zoning Minutes    
February 8, 2010
Page 5

Ø       Applicant would require 35% open space for Phase 1 and 2.
Ø       Need specific timeframes for each phase.
Ø       We recommend that, if the town board approves this zone change, it is approved for the entire 47-acre parcel.
Ø       SEQR recommendation must include reference to GECC concerns, which are in the minutes of the GECC meeting dated December 21, 2009.  Per GECC Chairman David Bradley, these concerns are as follows:

·       Transportation:
Extend north bound turn lane on Route 50 to Swaggertown to accommodate greater holding pattern for vehicles turning.  The town engineer, the County and State DOT will be reviewing the transportation plans and we look forward to their comments and input.
·       The possibility of a northbound turn lane to turn left from Swaggertown into the development should be considered.  We encourage the development of pedestrian access and sidewalks from adjacent neighborhoods.
·       The possibility of an emergency access should be explored.
·       No comments for Water and Sewer.  Infrastructure will be a part of this.
·       Landscaping:
·       Encourage maintaining the buffer around the side of property and planting of additional trees to add additional buffer.
·       Noise:
·       I recommend looking into the standards for health facilities of this type and pass it onto the Town so they are aware of those standards.
·       If there is any need for blasting of bedrock, I recommend that the Town be put on notice as well as the neighbors prior to same.  (Peter Romano, Chazen Engineering stated that test pits show bedrock is probably rippable; further borings will determine any need for blasting.  Bedrock at the front and rear of the property was not encountered.  At the knoll on the property, the depth-to-bedrock is about 2’-8’ below the surface and is shale.)
·       SHIPO review and comment on the archeological report is required.  (Peter Romano stated that SHIPO requested photos of surrounding properties and they have been provided.)
·       I recommend that a description of the management of hazardous materials, medical waste, pesticides and herbicides at the facility also be provided.
·       Run off:
·       I am somewhat concerned with the use of the Horstman Creek as a potential discharge point as it is already clogged with vegetation and has poor flow.  (Peter Romano stated that an infiltration basin located near Swaggertown Road will take almost a 100-year storm before going to the creek, so water issues and impact would be negligible.  Soil was found to be very good during the Phase I investigation.)

Planning & Zoning Minutes    
February 8, 2010
Page 6

·       I encourage the exploration of a possible easement for storm water conveyance down stream of the site, possibly through the Arrowhead PDD.  Potential for impact of point stormwater discharge onto its adjacent downstream parcels.
·       I encourage the evaluation of the use of green roofs or rain gardens as a potential stormwater mitigant as well as other benefits.
·       I encourage the valuation of options of using the 20-year storm for design purposes as opposed to the mandated 10-year storm.  I also note that stormwater pollution prevention plan will be required for the build out of this site.
·       I also encourage the development to look into LEEDS building methods, if not certification, as well as energy star appliances and other equipment.
·       I also note for the record that there are Army Corps wetlands on the site and jurisdictional determinations have been requested.  (Peter Romano stated that he has received a jurisdictional determination from ACOE and it validated findings provided to the Town.  There is one regulated wetland on site; there are no state wetlands.  DEC validated that information, as well.)  I also point out to the planning board that this site does represent the loss of both agricultural land and the loss of one of the last remaining working farms in Glenville as well as the loss of open space in East Glenville contrary to our Open Space Plan.

M. Carr said the next point is regarding financial issues, and he is not addressing that at this point in time.  He continued:

·       There is a discrepancy between the build out plan from the applicant of 7-10 years and the 4-year development window in the ordinance that needs to be addressed as well as the 35% common property in the plan development district which needs to be addressed by the applicant how they plan to manage that.
·       Consideration for the electrical supply to be underground.  (Peter Romano stated the utilities will be underground.)
·       Cal Welch suggested that we get a letter from the fire department regarding access and the ability to fight three-story fires and if there is a need for an emergency access?  (Peter Romano said he has met with fire department officials, and when more detailed plans are ready, he will be meeting with them again regarding access and hydrant placement.)

M. Carr reiterated this is a significant development project in the Town of Glenville and the concerns expressed will be addressed.

T. Bodden said he lives on Horstman Drive on the creek, and he will be keeping close watch on this development.  He stated that what the Commission is voting on tonight is the zoning change, not an approval of this development.  If the Town Board agrees and changes the zoning, the application will be in front of the Planning and Zoning Commission again and concerns will be mitigated through good engineering.  Without the zoning change, nothing can happen.

Planning & Zoning Minutes    
February 8, 2010
Page 7

M. Carr allowed questions from the audience, reminding them that a public hearing will be held at a future Town Board meeting, where they will be able to voice their opinions.

Peter Notch, 57 Swaggertown Road, said he is concerned with the final phase of the project, the retail space.  The traffic generated by the retail area also concerns him.  

M. Carr said much money and time has been invested in studies to demonstrate any issues involved agencies such as DOT may have.

Barbara Notch asked if it were possible to have the assisted living housing without the retail portion.  P. Huff explained that the whole idea of doing a mixed use development is the uses have a similarity, but at the same time, is developed like a little community.  The commercial use is supposed to relate to the development itself.  M. Carr said the retail development will be required to cater to the residents, and is to be reasonably compatible with the existing neighborhood.

T. Bodden also assured the audience that the site plan review process is done openly; there are public hearings, and public involvement.

T. Alotta said there are no plans for a fast-food establishment.  The applicant is sensitive to the traffic and is trying to keep it at a minimum.  The commercial area would be oriented to the senior campus, for example, a café, a bank, and perhaps a barber shop.  He is looking for suggestions of what the seniors would want.

B. Notch asked if the commercial area could be located in the middle of the plan instead at Swaggertown Road.  T. Alotta explained putting the commercial area in the center would draw traffic through the residential part of the campus.

Darin Jones, Swaggertown Road, said he is open to the assisted living, but not the commercial area.  He would rather see sites on Freemans Bridge Road and Route 50 filled.  He is also concerned that a commercial venture would leave, and something undesirable would move into the space.  K. Corcoran stated that any change to the PDD would have to come before the Commission again for approval.

P. Romano stated that the applicant does not yet have a firm idea of what type of commercial uses are wanted.  A traffic study is being done, and data is being collected to understand what can go there with minimal impact.  

B. Notch said no matter what happens, there will be an impact.


Whereas, the Baptist Health Nursing Rehabilitation Center (BHNRC) is requesting that the Glenville Town Board amend the Town zoning map to establish a mixed use planned development district (PDD) on a 48.5 acre property on the west side of Swaggertown Road commonly referred to as the “Horstman Farm,” and
Planning & Zoning Minutes    
February 8, 2010
Page 8

Whereas, 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 and a 4.06 acre commercial parcel along Swaggertown Road, to be built in phases over the next eight to ten years, and

Whereas, a mixed use PDD is authorized where it is found that the development will be beneficial, compatible and harmonious with the surrounding land uses and not have a significant impact on the environment, and

Whereas, the Glenville Environmental Conservation Commission (GECC) has reviewed the development plan submitted by BHNRC and has recommended to the Planning and Zoning Commission (PZC) that the proposed zoning amendment changing the 48.5 acre parcel from Suburban Residential to a Mixed-Use Planned Development District will not have a significant potential adverse environmental impact, provided identified issues are addressed and resolved, and

Whereas, the Town Planning and Zoning Commission has reviewed the application and has consulted with the Town Planner, the Town Engineer and the Town Building Inspector concerning the proposed extension of water and sewer services to the parcel, storm water management, maintenance of open space, traffic management  and archeological impacts at the site, and

Whereas, the BNHRC proposal is consistent with the Town of Glenville Comprehensive Plan, which advocates a variety of additional housing options for the elderly, and targets the project site for “Mixed Residential” development;

Now, therefore, be it resolved,

That the Planning and Zoning Commission after a thorough review of the application and having given due consideration to the recommendation of the GECC find the proposed zoning change will not have a significant adverse impact on the environment and issues a negative declaration.  Issues identified by the GECC including an additional turn lane on Swaggertown Road, pedestrian access via sidewalks, additional natural buffering around the site with trees and shrubs, the handling and disposal of medical waste, pesticides and herbicides at the site, stormwater run off, wetlands and notice of any bedrock blasting will be addressed during site plan review.

MOVED:  M. Carr
SECONDED:  M. Storti
VOTE:   AYES: 7 NAYS: 0    ABSENT:  0
        Michael Carr, Chairperson
        Mark Storti, Deputy Chairperson

Planning & Zoning Minutes    
February 8, 2010
Page 9

        Jim Gibney
        Tom Bodden
        Steve Marsh
        Cindy Gotobed
        Joe Tassone
                                Motion Carried


And Be Further Resolved,

That the Planning and Zoning Commission recommends that the Glenville Town Board amend the Town of Glenville Zoning Map to provide for 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” with due notice provided to the BHNRC that current Town zoning law will require that the applicant complete the Town Zoning Law site plan review process , that no change to an approved final site plan may be made without PZC approval, and that phased construction of a planned development district may not extend beyond a four year time period without PZC approval should the Town Board approve such amendment to the Town of Glenville Zoning Map.

MOVED: M. Carr
Michael Carr, Chairperson
        Mark Storti, Deputy Chairperson
        Jim Gibney
        Tom Bodden
        Steve Marsh
        Cindy Gotobed
        Joe Tassone
                                Motion Carried

4.  Key Bank                                                            Site Plan Review
     241 Saratoga Road                                                 Preliminary

The applicant is seeking site plan approval for a new bank.  The property is located on the west side of Route 50 between McDonald’s and Sunoco, on the site of the previous McDonald’s restaurant.  The property is zoned General Business and is located within the Town Center Overlay District.   

Planning & Zoning Minutes    
February 8, 2010
Page 10

Erin Aiello and Chuck Peters from Woodward Connor Gillies & Seleman Architects were present to address the Commission.  E. Aiello said the proposal is for a 3,900 sq. ft. retail branch of the bank.  

E. Aiello said an informal meeting with the Planning Department was held, and since that meeting, some changes have occurred on the site plan.  The original curb cut was for both egress and ingress; it is now ingress only.  The egress curb cut will be on the south side of the parcel.  Rear access to the McDonald’s site has been added to connect the two parcels.  There will be three drive-through lanes and one by-pass lane.  There will be 18 parking spaces at the rear of the building.  The current 23% greenspace will increase to 30%.  The lighting will be according to the NYS bank standards for the ATM and the parking lot.  Key Bank will connect to municipal water and sewers.  Stormwater management concepts are still being prepared, and will be finalized when the curb cut determination is made.

M. Carr stated that stormwater management is a problem in that area, specifically in front of the Glenville Queen Diner.  M. Carr asked if grease traps will be removed, and C. Peters answered “probably.”

M. Carr stated that the applicant may also want to consider removing the existing septic tank when connecting to sewers.  

M. Carr stated the Commission would need an accurate rendering of the building elevations and colors.  At that time, C. Peters provided a new rendering of the building to the Commission.

M. Carr noted that this property is in the Town Center Master Plan area and there are stringent sign regulations to be followed.

E. Aiello said the entrance to the building is on the north side.  Faux windows are along the front facing Route 50.  There will be a pedestrian sidewalk.

Discussion followed regarding a rear entrance near the parking lot.  The Town Center Master Plan looks to placing buildings near the road.

M. Carr continued with issues discussed at the agenda meeting.  The proposed curb cuts are not acceptable to NYS DOT, as separation requirements are not met.  DOT recommends the entrance to be located directly across from the Glenville Queen entrance with a single access point.

Discussion followed regarding the reasoning of DOT’s request.  E. Aiello said the traffic study is complete, and will be submitted this week.  

M. Carr asked if the applicant has considered access to the rear of the parcel via Van Buren Road.  C. Peters said Key Bank is not interested in purchasing more parcels.

M. Carr said stormwater calculations will depend on DOT input.  

Planning & Zoning Minutes    
February 8, 2010
Page 11

S. Marsh asked if a variance would be needed on the south side of the parcel, but K. Corcoran explained requirements are different in the Town Center area, and a variance would not be required.  

S. Marsh asked the applicant to consider the addition of a rear entrance to the building.

It was determined that DOT input is necessary before continuing with this application.

With no further items on the agenda, the meeting was adjourned at 8:30 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, March 8, 2010.  The agenda meeting will be held on Monday, March 1, 2010.  

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

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