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May 10
Town of Glenville
Planning and Zoning Commission
Monday, May 10, 2010
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302

Present:        Jim Gibney, Steve Marsh, Joe Tassone, Mark Storti, Michael Carr, Tom Bodden

Absent: Cindy Gotobed

Also Attending: Paul Borisenko, Building Inspector, Kevin Corcoran, Planning Department, Margaret Huff, Town Attorney, Gina Wierzbowski, Councilwoman, and Chris Flanders, Recording Secretary

1.  Approval of the agenda

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

2.  Approval of the minutes of the April 12, 2010 meeting

Motion:  J. Gibney    Seconded:  M. Storti
Vote:   Ayes: 6 Noes: 0 Absent: 1        

3.  Key Bank                                                    Site Plan Review
    241 Saratoga Road                                          Final (Public Hearing)

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.   

Erin Aiello, of Woodward Connor Gillies & Seleman Architects, was present to address the Commission, as was Peter Gillies.  

(Commission member Steven Marsh will recuse himself from this application as he and his employer provided the lighting plan for this project.  He will not comment nor vote on this application.)

Ms. Aiello identified issues from the previous meeting as variances needed for the dumpster location and the driveway setbacks.  She provided a copy of an email dated Monday, April 19, 2010 from Town of Glenville Building Inspector Paul Borisenko which confirms that the driveways on the north and south boundaries of the proposed Key Bank project do not require
Planning and Zoning Meeting Minutes
May 10, 2010
Page 2

variances and that it is understood that the dumpster has been relocated to comply with the required setbacks as well; no variances will be required.  A copy of this email has been attached to these minutes.

Regarding the subject of the existing fence to the rear of the property, Ms. Aiello said a new 8’ fence would replace the existing fence.  Street tree plantings would be added to the front of the project, approximately 30’ on center.  The lighting has been adjusted to include 2 Sternberg fixtures located in the front of the building.  A sidewalk will be provided, allowing for connection to the north and south.  This sidewalk will be constructed now.  Curb cuts have been adjusted to meet DOT regulations, and Key Bank is presently negotiating with Sunoco property owners to achieve curb setback requirements.  The canopy has been cut back over the first drive-through lane.  Key Bank is also open to roadway connection to both the south and north parcels; a note has been added to the plan reaffirming same.

M. Carr asked about the color scheme for the awnings.  Ms. Aiello provided a sample of the fabric and color.  K. Corcoran stated that per the Town Center Plan, the logos, signs, etc. can be primary colors; the building itself cannot.  Mr. Gillies said as a last resort, the awning on one recently built branch was done in black.  T. Bodden suggested the Commission have color chips to refer to in these situations.

Chairman Carr then opened the hearing to the public.

Leonard Berube, 2 Van Buren Road, stated he is a professional engineer, retired, and not opposed to growth.  He feels any construction in the town should be eco-sensitive.  He would like to see the use of tree buffers rather than fences.  He does not want to see a connection of these commercial properties to Van Buren Road; the traffic is already too heavy on this road.  He wants the buildings to blend with the community, with nature, and the environment.

M. Carr responded that he thanks Mr. Berube for his comments and the board agrees and shares his appreciation and concerns regarding green space.

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

M. Storti asked about signage.  Paul Borisenko said he has received the sign package; no variances have been applied for as of yet.  P. Huff noted that signage would have to comply with the Town Center Master Plan or seek a variance.

K. Corcoran explained the board could possibly see a sign waiver request.  A variance is from the standard of the Town Ordinance.  Waivers are issued for items unique to the Town Center Master Plan, for example, a primary color (red) in the Town Center area.  


In the matter of the final site plan review application by Key Bank for a new bank branch located at 241 Saratoga Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:
Planning and Zoning Meeting Minutes
May 10, 2010
Page 3

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.

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 will allow for adequate on-site snow plowing and snow storage.

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.

Conditions of Approval:

1.      The Planning and Zoning Commission recommends to the Zoning Board of Appeals that the applicant fully comply with Town Center Master Plan for signage.
2.      The Planning and Zoning Commission issues a waiver for the corporate red color for the awning of this project.  

Motion:  M. Storti    Seconded:  Tom Bodden
Vote:   Ayes: 5 Noes: 0 Abstention:  1 (S. Marsh)   Absent: 1        

Planning and Zoning Meeting Minutes
May 10, 2010
Page 4

3.  Thomas J. Pai                                                       Site Plan Review
     126 Saratoga Road                                                 (Preliminary) – Continued
                                                                        from December, 2009

The applicant is asking to expand two parking areas; one in the front yard of the existing professional building and the other in the rear yard.  Several variances were granted for this proposal.  The property, located on the southeast corner of Route 50 and Rudy Chase Drive, is zoned Community Business.

Mr. Pai was present to discuss his application to the Commission.  It was noted that the plan did not show what was approved by the Zoning Board of Appeals.  T. Bodden asked Paul Borisenko to indicate the discrepancies to Mr. Pai.  J. Gibney stated that if Mr. Pai wants the plan approved as shown, with the parking portion changed, he would need to go back to the Zoning Board of Appeals for approval of those changes.  M. Carr explained Mr. Pai has the choice of matching the plan to what was approved, or to return to the ZBA to request his newest changes be approved.

The process to re-apply was discussed.  Peg Huff, who also staffs the ZBA board, said the applicant would have to re-apply.  Mr. Pai indicated he wants to modify his plan and will re-apply to the ZBA.  

The Commission agreed to keep this application open until Mr. Pai secures his requested variances; the application will be continued at a later date.

4.  Peter Della Ratta                                                   Site Plan Review
    66 Freemans Bridge Road                                    (Preliminary) and
                                                                        Conditional Use Permit

The applicant is requesting site plan approval and a conditional use permit to establish a contractor’s yard (Simon’s Rock Historic Restoration) in an existing pole barn.  The project site is located on the east side of Freemans Bridge Road, on the Van Curler Greenhouses property.  The portion of the property on which the pole barn is located is zoned Research/Development/Technology.  

The applicant, Mr. Della Ratta, was present.  He said he is renting a garage from Mr. Sarnowski.  M. Carr asked what type of substances would be stored on the site.  Mr. Della Ratta indicated that no underground tanks were present; no hazardous materials would be stored, either in or outside of the building.  M. Carr asked if stormwater runoff would be changed to dramatically impact the property, and Mr. Della Ratta responded that there would not be a significant change.  He also indicated there is a 34’ grassy strip behind the building that filters any roof runoff.  No impervious surface will be added.  

M. Carr asked if there are any floor drains in the garage/pole barn.  Mr. Della Ratta said there are two floor drains that have been plugged with concrete and capped off.  He does not know where the drains lead to.  
Planning and Zoning Meeting Minutes
May 10, 2010
Page 5

T. Bodden asked about vehicles being stored on the site.  Mr. Della Ratta has presented a list of vehicles that would be parked there.  He has two trailers and two vans.  The garage is used for storage only.  He will not be working on the vehicles.  M. Carr said the number of vehicles should be quantified and determination of the area that vehicles can be parked should be made.  P. Huff said the 34’ buffer area should also be defined as a stormwater runoff area, not used for any other use, and remain vehicle free.

S. Marsh asked for clarification of the map key.  He suggested the list of vehicles should also state the words ‘or similar vehicles of comparable size and type’.  This would benefit the applicant in compliance and the town in enforcement.


In the matter of the site plan review application by Peter Della Ratta, and a conditional use permit to establish a contractor’s yard in an existing pole barn located at 66 Freemans Bridge Road, the Planning and Zoning Commission finds that this application will not result in a significant potential adverse environmental impact.  Consequently, the Planning and Zoning Commission hereby issues a negative declaration.

Motion:  M. Storti    Seconded:  J. Gibney
Vote:   Ayes: 6 Noes: 0 Absent: 1        


In the matter of the preliminary site plan review application by Peter Della Ratta, and a conditional use permit to establish a contractor’s yard in an existing pole barn located at 66 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.  Per the list of items/vehicles to be stored outside of the garage, these items can be parked on the gravel area only per site plan review; they are not to be parked near the stream or the buffer/green area.

2.  Items/vehicles stored can be comparable to the list as to type; quantity is to remain the same.

3.  There shall be no storage of pesticides, herbicides, petroleum products, or potentially hazardous materials either inside or outside of the facility site.

4.  The 34 feet vegetated buffer between the parking area and the stream shall be appropriately maintained and there shall be no vehicle parking on that buffer.  

5.  The vehicles shall be parked in the gravel area shown as diagonal slashes on the site plan.
The grass area is defined as the area of the map shown with cross-hatching.
Planning and Zoning Meeting Minutes
May 10, 2010
Page 6

The Commission hereby schedules a public hearing for June 14, 2010 to consider the final site
plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for June 14, 2010, 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. Tassone
Vote:   Ayes: 6 Noes: 0 Absent: 1        

5.  Baptist Health                                                      Site Plan Review and
     7 Swaggertown Road                                         Minor (two-lot) Subdivision

Baptist is proposing to construct the first phase of their five-phase, multi-year project.  The first phase includes a three-story, 126-unit assisted living nursing facility.  The two-lot subdivision would separate out an 8.87-acre building lot from the 48-acre parcel for the assisted living building.  Phase 1 also includes parking, infrastructure, the boulevard entrance road and a storm water basin designed to accommodate this phase.  The property is zoned Mixed Use Planned Development.

Tony Alotta, Baptist Health, addressed the Commission.  He stated the Glenville Town Board has approved the zoning change to Mixed Use Planned Development which allows for this proposal to continue to the next step in the process.

Mr. Alotta corrected the application description to say Phase I includes a 60-unit assisted living nursing facility.  A road would be established with 48 parking spaces in three separate lots.  This internal street would be owned and maintained by Baptist Health.  The boulevard type entrance would have a landscaped island with two 16’ wide lanes.  

S. Marsh asked about the gravel parking lot shown on the map.  Peter Romano said it is a temporary lot until Phase 2 is completed.  

T. Bodden asked about staffing, and was told there would be three shifts with a total of 33 employees, 18-20 at one time.

M. Carr stated that the public is concerned with the commercial portion of this project.  He urged the applicant take this into consideration and that the use is designed for the residents of this facility.

M. Carr said the town is waiting for feedback from some of the consulting agencies.  P. Romano said plans have been sent to the Department of Transportation, Department of Health, and Infinigy for review.  K. Corcoran said he expects reports of these reviews by the June Planning and Zoning meeting.

Planning and Zoning Meeting Minutes
May 10, 2010
Page 7

M. Storti asked Peter Romano to elaborate on the plan for water and sewer.  Mr. Romano said the route along Horstman Drive is the proposed route.  It is not shown in detail, but it will continue to the Mohawk Honda site.  Geotechnical reports have just been received and details will be submitted to Dana Gilgore and Tom Coppola very soon.  Sewer and water district extensions will be required.

T. Bodden asked for clarification if the Planning and Zoning Commission have made any motions thus far on this project.  M. Carr said the PZC recommended to the Town Board that the zoning be changed to allow for a Planned Development District.

T. Bodden stated that the PZC has not given any preliminary approval of the plan; the PZC has not reviewed the plan in detail other than what is being done right now.  He said he is bringing this up because Mr. Romano stated at the informational meeting at the Baptist Retirement Center that the PZC has reviewed it and signed off on it.

P. Romano said that he stated the PZC reviewed the Master Plan to make a recommendation to the Town Board.  T. Bodden said he did not think that was understood at the previous meeting.  He wanted the public to know that “we are at square one with site plan review.”

Attorney Huff asked if the water department is okay with the Horstman Drive path, as there was some talk about an alternate route.  P. Romano said the water department is in agreement about this route.  A route along Dutch Meadow Road was considered, but this is more economical.

Discussion followed regarding the water line along Horstman Drive and which homes would benefit from it if they choose.  This line would complete a loop.  M. Carr said the more connections in a water system, the better the system will function.  T. Bodden said while this project is being done and if the Town should determine to expand this loop, he would like to see the applicant and the Town work in tandem and coordinate with each other.  P. Romano said the road will not be ‘ripped up’ but a directional drill would be utilized to avoid significant disturbance.  The sewer line will be sized to accommodate resident connection.  

P. Romano said the next step is to put the water and sewer report together and petition the Town to extend the districts.  

When asked, P. Romano said all stormwater for Phase 1 will go to an infiltration basin in the northeast corner of the property and an overflow pipe will continue to Horstman Creek.  Future phases will have basins as needed.  The Phase 1 basin will accommodate Phase II as well.

M. Storti asked if the applicant has considered creative methods of stormwater management like rain gardens to have minimum visual impact on the neighbors.  P. Romano explained soils and conditions must be right to accommodate such concepts.  This area is wet, rocky, and has a lot of shale; not conducive to rains gardens.  The front of the parcel towards Swaggertown Road has extremely good soils.  The basin will be surrounded by a landscaped berm.  Phil Horstman will allow a recorded easement on his property to allow a drainage ditch as a safety valve, which would handle discharge for anything over a 100-year storm event.

Planning and Zoning Meeting Minutes
May 10, 2010
Page 8

M. Carr stated information and feedback is needed from external agencies, as well as detailed engineering and consultant responses.

M. Storti asked if the lighting plan has been reviewed.  P. Borisenko said it is under review now.  S. Marsh asked if the applicant has contacted National Grid.  P. Romano said they have started talks with National Grid and determined there will be gas heat for the project.  The locations of the transformers will be looked at and will be discussed.  Wind energy was considered but is too expensive for Phase I.

M. Carr stated the Town is not holding things up, but is unable to move forward until more information is submitted and reviewed properly.  

This application will be continued when further information is submitted for review.

With no further items on the agenda, the meeting was adjourned at 8:50 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, June 14, 2010.  The agenda meeting will be held on Monday, June 7, 2010.  

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

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