Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
July 12
Town of Glenville
Planning and Zoning Commission
Monday, July 12, 2010
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


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

Also Attending: Paul Borisenko, Building Inspector, Dana Gilgore, Engineering Tech, Kevin Corcoran, Planning Department, Margaret Huff, Town Attorney, Sid Ramotar, Town Board Liaison, and Chris Flanders, Recording Secretary


1.  Approval of the agenda

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

2.  Approval of the minutes of the June 14, 2010 meeting

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


3.  Peter Della Ratta                                                   Site Plan Review
    66 Freemans Bridge Road                                    and Conditional Use Permit
                                                                        Final (Public Hearing)

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.  

Mr. Della Ratta was present to address any questions regarding his application.  He stated that he appeared before the Zoning Board of Appeals and his conditional use permit was granted.  There are no changes on the site plan.

When asked, Mr. Della Ratta agreed per the Schenectady County referral that he will maintain the 30’ buffer created by the drainage swale and grass filter.

M. Carr opened the hearing to the public.  With no one wishing to comment on this application, the public hearing was then closed.

Planning & Zoning Commission Minutes
July 12, 2010
Page 2

MOTION
In the matter of the final site plan review application by Peter Della Ratta of Simon’s Rock Historic Restoration to establish a contractor’s yard in an existing pole barn located at 66 Freemans Bridge Road, on the Van Curler Greenhouses property, 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.

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.

Conditions of Approval:

1.      the applicant agrees to make an effort to keep stormwater from flowing across storage areas and directly into the creek by utilization and maintenance of the grass/planted filter strip between the storage area and the creek.
2.      The applicant agrees to limit the number, size and type of vehicles present as listed in the application and as conditioned in preliminary approval dated 5/10/10.

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




Planning & Zoning Commission Minutes
July 12, 2010
Page 3

3.  Richard J. DiCresce, Jr.                                            Site Plan Review
    178 Freemans Bridge Road                                   and Conditional Use Permit
                                                                        Preliminary

This application calls for the construction of a 40’ x 60’ pole barn structure which would be used for automobile inspections.  The property is located on the east side of Freemans Bridge Road, opposite Oliver’s Café.  The property is zoned General Business.  

Mr. DiCresce was present for questions pertaining to his application.  He stated he would use the pole barn to do automobile inspections, and minor things like replacing windshield wipers, changing light bulbs.  He would not be doing any auto repairs, oil changes, or storage of any fluids, such as fuel oil, waste oil, gasoline, solvents, thinners, etc.  He said the Glenville Environmental Conservation Commission asked the same question and he told them he would probably have a case of oil for ‘topping off’ purposes.  The structure would have a floor, an Alaskan slab floor without a floor drain.  

M. Storti asked if the building will be compatible with the existing structure on site, and Mr. DiCresce said it would look very much like the Envy Salon building next door.  He had considered three overhead doors, but it would not fit in with the neighborhood.  

M. Carr asked if the structure would be heated, and Mr. DiCresce said it would.  M. Carr asked if it would be more like a building than a pole barn, and R. DiCresce said yes, but it is pole barn construction with a wood frame.  He continued saying he was going to use a metal roof and metal siding, but he understands that may have to be revised to comply with Town Code.

M. Storti asked if the required FAA paperwork has been submitted for height concerns, both of the building and any crane equipment used during construction.  M. Storti also stated that construction will have to be coordinated with the airport tower personnel.  R. DiCresce said he is filling out the forms to submit.

When asked if there will be any bathrooms in the building, R. DiCresce responded that there are no plans at this time for bathrooms.

T. Bodden asked about lighting.  R. DiCresce said there will not be any lighting on the exterior of the building.  

J. Gibney asked if parking would be an issue.  Parking for the used car business will remain at 29.  This application will add 18 parking spots.  Paul Borsienko, Glenville Town Building Inspector, said the used car use is limited to 29 parking spaces; Mr. DiCresce is not expanding that use.  This application for the new use allows for the additional 18 spaces for customer parking.  

T. Bodden asked if this pole barn is totally behind the existing building, and R. DiCresce said it is and K. Corcoran added that all setbacks meet those required by code.


Planning & Zoning Commission Minutes
July 12, 2010
Page 4

M. Carr asked for clarification regarding the description on the agenda referring to automobile inspections which is different from auto repair, specifically, any environmental issues.  He asked what exact repairs would be done.  R. DeCresce said he would do minor mechanic repairs, such as windshield wiper blade replacement.  He would not replace brakes.  To do inspections, he needs to be a registered repair business, and he will apply for a repair license, but he needs to get the facility up first.  He would require licenses to repair and to inspect.

R. DiCresce said the building is like a vehicle prep area, but there would be not be car washing per GECC restrictions.  He also stated that he has no problems agreeing with the GECC restrictions.

When asked, R. DiCresce said his facility is connected to municipal sewers.

T. Bodden asked if this is a permitted use within this zoning district with no variances required and it was explained that a conditional use approval will be needed from the Zoning Board of Appeals.  

P. Borisenko noted that metal panels are not allowed and that the building may need to be upgraded with details and siding.  R. DiCresce indicated that he accepts that changes might be made and that he wants the building to look good.

MOTION

In the matter of the site plan review application by Richard DiCresce, Jr., for construction of a pole barn to be used for automobile inspections located at 178 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: 7 Noes: 0 Absent: 0        
MOTION CARRIED

MOTION

In the matter of the site plan review application by Richard DiCresce, Jr., for construction of a pole barn to be used for automobile inspections located at 178 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 recommends that the Zoning Board of Appeals support this recommendation.

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


Planning & Zoning Commission Minutes
July 12, 2010
Page 5

MOTION

In the matter of the preliminary site plan review application by Richard DiCresce, Jr. for construction of a pole barn to be used for automobile inspections, located at 178 Freemans Bridge Road, the Planning and Zoning Commission hereby conditionally approves the application.  

Conditions of preliminary approval are as follows:

1.      Applicant must receive Zoning Board Appeals approval of Conditional Use application

The Commission hereby schedules a public hearing for August 9, 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 August 9, 2010, nine (9) copies of the revised site plan, including architecture and materials, 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: 7 Noes: 0 Absent: 0        
MOTION CARRIED


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

Baptist is proposing to construct the first phase of their five-phase, multi-year project.  The first phase includes a 60-bed 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.

Peter Romano, Chazen Engineers, Thomas Gears, SWBR Architects, and Tony Alotta, for Baptist Health, attended the meeting to discuss this application.

P. Romano briefly described the site.  The 48-acre parcel on Swaggertown Road would be developed in 5 phases.  Phase 1 would be an assisted living facility with 72 beds, Phase 2 would be independent living apartment units, followed by 36 cottage style units and next, 228 bed greenhouse style nursing home units.  At the front of the parcel is a senior-oriented commercial area, the phase of which will somewhat be determined by the funding source.

P. Romano said most of the required studies are now in.  M. Carr said comments from PZC, the Town designated Engineer (Infinigy), and correspondence from DOT dated 6/29/10 which reported no issues, have been received.  P. Romano said DOT finds the project is satisfactory and

Planning & Zoning Commission Minutes
July 12, 2010
Page 6

DOT supports the sanitary sewer improvements after a work permit is obtained to go under the right-of-way.  In response to the comments made by Infinigy and by Lat Schmidt from the County, a letter dated June 30th was written to Kevin Corcoran.

The comments were discussed and addressed as follows:
1) SEQRA Comment:  segmentation as it relates to SEQRA review – Response:  SEQR completed on the full development plan during the planned development district zone change process.  K. Corcoran stated that unless there are changes, that review is satisfactory.  P. Romano stated and EAF and detailed site plans for all subsequent development phases will be submitted to the Town prior to the commencement of construction.

2) Site Plan Comment:  installation of gates or bollards at the end of pavement to prevent access across the undeveloped portions of the property – Response:  The applicant would prefer not to install bollards in order to facilitate snow removal operations.  The installation of “dead end” and/or more restrictive signage would be preferred.

Comment:  fire department participation – Response:  The applicant met with Tim Graves of Thomas Corners Fire Department and reviewed hydrant placement and vehicle turning radius and they were found to be satisfactory.  A letter to that fact may already have been sent to the Planning Department.

Comment:  remaining lands created by the subdivision are not contiguous – Response:  Input from the Commission is welcome.  The applicant is aware that the remaining land can be ‘tied together’ from a taxing standpoint but is looking for direction.  Kevin Corcoran pointed out this is a PDD and the dimensional standards can be set by the PZC.  He said there is nothing compelling to create three lots.  The Commission agreed that this should be a two-lot subdivision, not a three-lot subdivision, and have no issues with the subdivision as it is presented.  The shape of Lot #1 is because of drainage, not access.  

Comment:  restricting wetlands on remaining property – Response:  the existing ACOE wetlands are federally regulated wetlands, and any disturbance would require consultation/permit with the ACOE.

Comment:  hydrant placement closer to the rear of the building – Response:  This was discussed in site plan comment #2.

Comment:  additional plantings around the building and the perimeter of the parking lots – Response:  Newly revised plans will be submitted tomorrow showing the added landscaping.

Comment:  installation of a fence around the infiltration basin – Response:  With the exception of the forebay area, the infiltration basin will not have standing water.  The basin has been designed with a gradual berm and side slopes on all sides.  It is the applicant’s desire not to fence this basin, thus allowing the area to appear more natural.  Plantings and stonework will be detailed in the submitted package.

Comment:  elevation correction – Response:  So noted and corrected on plan sheets.
Planning & Zoning Commission Minutes
July 12, 2010
Page 7

Comment:  providing easements for utilities that will be turned over to the Town of Glenville – Response:  All on-site utilities will remain under ownership of Baptist.  The Town of Glenville will have a maintenance agreement with the applicant to repair and maintain on-site water supply mains.

3) Stormwater/SWPPP Comment:  The Town should be aware that runoff from the lower portion of the proposed entrance roadway discharge directly off site without being routed through the proposed stormwater features, due to the elevation of the roadway as compared to the basin – Response:  comment noted.

Comment:  the upper portion of the boulevard discharges directly to the infiltration basin, without first being routed through the sediment forebay – Response:  Comment noted.  The NYS Stormwater Management Design Manual states that a forebay shall be provided at each pond inflow point, unless in inflow point provides less than 10% of the total tributary flow into the pond.  The subject “non-forebay treated” runoff constitutes approximately 4% of the total tributary area to the infiltration basin.

Peter Romano continued with input from Latimer Schmidt, Schenectady County Engineering Department after meeting with him on June 8th, 2010.

Comment:  the storm drainage under the county highway will need an easement and maintenance agreement – Response:  Comment noted.  The applicant will own the stormwater conveyance pipes within the County right-of-way; the pipes will be located within a new easement with the right for the County to make necessary repairs and maintenance, if required.

Comment:  The County requests the donation of additional right-of-way to a minimum sixty foot width to permit utilities and shoulder/clear zones – Response:  Comment noted.  The existing Swaggertown Road right-of-way will increase by 5 feet on both the east and west side along the project site.  Mr. Phil Horstman, owner of the land directly across from the front of the project site, has agreed in principal with the applicant to donate the subject land, 5 feet on each side.  The draft agreement is ready to be signed, and a copy will be provided to the Commission.

Comment:  is the proposed stormwater infiltration basin a hazard to traffic – Response:  the applicant does not feel the basin will be a hazard on either Swaggertown Road or the boulevard entrance drive.  An earthen berm will be along Swaggertown Road and a portion of the entrance drive, and the subject infiltration basin has been designed to fully dewater and will not contain deep water frequently.

Comment:  are there ditches along Swaggertown Road and are they traversable to vehicles – Response:  there is a gradual swale proposed which matches the existing grade and can be traversed by vehicles.

Comment:  there is possible need for a dedicated left turn lane as a component of the commercial phase; how will the County be involved? – Response:  Detailed site plans for all subsequent development phases will be submitted to the Town prior to the commencement of construction of that respective phase.  The subject left hand turn lane will be constructed at the time and in support

Planning & Zoning Commission Minutes
July 12, 2010
Page 8

of the commercial component to this development, and as such, will require Schenectady County review and approval in order to obtain the necessary work permit.

Peter Romano said a letter was received from DOT, Mark Kennedy, with no significant issues, and the applicant is working right now with Dana Gilgore concerning off-site improvements.

P. Romano said after working through the plan there is a slight change.  The building is 30’ longer to the east and south, adding 12 more units to the plan.  This will offset costs for off-site improvements and construction costs.  This modification required moving two parking spaces and recalculating stormwater designed for full buildout.  Green space decreased a negligible amount.  The total units will remain at 126 for the final project; there will be 12 less in a future phase to comply with the PDD approval.

S. Marsh asked if there is a concern disturbing the wetlands.  P. Romano responded by saying all the wetlands on-site are isolated wetlands, which can be disturbed.  The PDD plan showed the grading on-site along with protection measures of culverts, etc.  During a future phase, an arched bridge will be constructed over a culvert to traverse one protected ACORE wetland.  Those details will be submitted when that phase is in front of the Commission.

S. Marsh asked about a grayed-out area on the plan.  P. Romano explained it is a crushed stone temporary drive for deliveries for Phase 2.  Once Phase 2 is built, it will be turned into green space.

S. Marsh suggested coordination with National Grid to access the transformer.  P. Romano stated the transformer will be owned by Baptist and the lines from the road will be, as well.

S. Marsh asked what type of generator would be used, and Tom Gears, SWBR Architects, stated he believes it will be a 350 kilowatt generator using diesel fuel.  M. Carr noted if the storage tank is over 1100 gallons, it must be registered with DEC.  T. Gears is not sure if the tank is on board or not. When asked, T. Gears stated that not all phases would be using generators, for example, the cottages and townhouses would not, but the nursing facility would.

It was also noted that the EPA needs to know the amount of any oil, including cooking, diesel, etc., totaling over 1320 gallons.  Further, the generators also need to be quiet, using some sort of sound enclosure, and be tested on a certain frequency.  This also applies to the cooling tower which typically has fans in it, which could be very noisy.  

Diesel fuel is used as it is more cost efficient than natural gas.

Tom Gears then revealed renderings and material samples for the building.  An entrance canopy is yet to be determined.  The flat roof with mechanicals will be located under the mansard roof to screen them.  There are three different types of apartments: studio, 1 bedroom and a few 2 bedroom apartments with a small kitchen with a refrigerator and microwave oven.  The units are from 400 to 700 square feet, and there are two hydraulic elevators in the building.  M. Carr noted that hydraulic fluid is now a regulated fluid.

T. Gears said the roof is a 30 year architectural shingle to add texture to the building.
Planning & Zoning Commission Minutes
July 12, 2010
Page 9

When asked about lighting, P. Romano said the boulevard will have the acorn-type fixture, (Sternberg), and the parking lot will use the shoebox-type fixture, cast downward and not spilling off site, to comply with the Town Center plan.

MOTION

In the matter of the preliminary subdivision application by Baptist Health, for a two-lot subdivision, located at 7 Swaggertown 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:  T. Bodden
Vote:   Ayes: 7 Noes: 0 Absent: 0        
MOTION CARRIED

MOTION

In the matter of the preliminary site plan review application and minor two-lot subdivision application for Baptist Health for a 72-bed assisted living facility located at 7 Swaggertown Road, the Planning and Zoning Commission hereby conditionally approves the application.

Conditions of preliminary approvals are as follows:

1)      DOT utility approval (written agreement) for the sewer line and right-of-way improvements and all subsequent permits
2)      Receipt of a letter of approval/support from the Thomas Corners Fire Chief
3)      Receipt of a revised landscaping plan as shown at this meeting
4)      Receipt of EAF long forms for each additional phase as applications are submitted

The Commission hereby schedules a public hearing for August 9th, 2010, to consider the final site plan review and subdivision application for this particular project.  However, in order for the Commission to schedule a public hearing for August 9th, 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:  T. Bodden
Vote:   Ayes: 7 Noes: 0 Absent: 0       
MOTION CARRIED

With no further items on the agenda, the meeting was adjourned at 8:40 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, August 9, 2010.  The agenda meeting will be held on Monday, August 2, 2010.  

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