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PZC Minutes Feb 14, 2011
Town of Glenville
Planning and Zoning Commission
Monday, February 14, 2011
Glenville Municipal Center
18 Glenridge Road
Glenville, NY 12302


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

Excused:        Mark Storti and Cindy Gotobed

Also Attending: Kevin Corcoran, Economic Development and Planning Department, Dana Gilgore, Engineering Department, Margaret Huff, Town Attorney, and Chris Flanders, Recording Secretary
        
1.  Approval of the agenda

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

    Approval of the minutes of the January 10, 2011 meeting
Motion:  J. Gibney   Seconded:  S. Marsh
Vote:   Ayes: 5 Noes: 0 Absent: 2        
MOTION CARRIED


2.  Thomas Zalondek                                             Revision to Previously-  
     Gower Road                                         Approved Subdivision

This proposal involves the relocation of a proposed driveway on the new parcel that was created by this subdivision proposal (Michael Wicks Subdivision) in 2005.  The Commission “fixed” the driveway location across from the driveway at 1120 Gower Road when this subdivision was originally approved.  Mr. Zalondek is requesting that the driveway be located 100 feet south to take advantage of much better sight distance, which has been confirmed by the Town’s Traffic Engineering Technician.

Mr. Zalondek was present to answer any questions the Commission may have had.  Mr. Zalondek would like to move the driveway 100 feet south for better sight distance and safety than previously approved.  

M. Carr said the Commission had read the report provided by Tom Melander, the Town’s Traffic Engineering Technician, and does not have any issues with this application.



Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 2

MOTION

In the matter of the revision to the final minor subdivision application by Thomas Zalondek for a two – lot subdivision located on Gower Road, the Planning and Zoning Commission hereby approves the application for revision of the driveway location on Lot #2.  The Commission’s decision is based upon the following findings: The Commission had ‘fixed’ the driveway location on the original subdivision map; it has been shown that an improved location is 100 feet south and verified by the Town’s traffic engineer.

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

 
  3.  Stewart’s Shops Corp.                                     Revision to Previously-
       5246 Amsterdam Road                                      Approved Site Plan
                                                                (Public Hearing)
                                                                               
Last December Stewart’s received approval for a 700 sq. ft. addition to the west side of their 2,400 sq. ft. convenience store, in addition to replacement of the fuel tanks, increasing the number of gasoline dispensers from two to three, and constructing a new, larger canopy.  The proposed revision calls for a 690 sq. ft. addition to the north (rear) of the store instead, in addition to relocating the septic system from the north side of the store to the west side of the parcel.  The property is located on the north side of Amsterdam Road (Route 5), directly across from the NYS Route 103 bridge to Rotterdam Junction.  The property is zoned General Business.  

Chad Fowler represented Stewart’s Shops in this application.  He briefly described what was recently approved, at which time it was agreed to replace the septic system.  Replacing the septic system now allows changes to the design, specifically, moving the addition to the rear and moving the location of the septic system.  This results in blacktop being moved away from the neighboring property about 20 feet more, and the sign will be 30 feet farther back from the road.  Another three parking spots will be at the front of the store, but the total number of parking spaces remains the same at nineteen. The blacktop increased by about 950 square feet; greenspace, landscaping, lighting, and drainage calculations remain the same.  He noted that the variance for the free-standing sign was granted.

Chairman Michael Carr asked about the NYS Department of Transportation issue of ownership of the right-of-way green space.  This is still being discussed with DOT, however does not impact this application.  

M. Carr noted that the soil percolation tests will be done in the spring.

Chairman Carr then opened the hearing to the public.
Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 3

Margaret Hohenstein, owner of the adjoining property, asked where the new leach field would be.  C. Fowler pointed it out on the site plan.  It is 130 feet from the property line.  The requirement is 10 feet from the property line, with 100 feet separation distance required to the well.  Mrs. Hohenstein said her well is located in the front of her house, and she is concerned there will be dirt in her well.  When asked, she stated that her well was affected by dirt in the past when building occurred next door.  Her well is a shallow well, about 80 feet.  J. Gibney asked about the dirt getting into her well, and Mrs. Hohenstein expressed concern “they (the applicant) don’t know what is down there - where the gas tanks and septic tanks are placed.”  She said she and her husband lived there before (Stewart’s was built), and it used to be a “big ditch, a hole.”  J. Gibney recalled that it was filled with boulders, etc.  Mr. Hohenstein said it was filled about 100 feet deep.   

M. Carr said new tanks will be state of the art and less likely to fail than the existing system.  Mrs. Hohenstein inquired who inspects these systems, and M. Carr said the county and town inspect the septic system and the gas tanks are inspected by NYS Department of Environmental Conservation.

Mr. Hohenstein asked about an issue in the previous application, a survey addressing a property line question.  This survey has not been done yet.  M. Carr stated that issue is between the property owners, and not an issue the town can address.  Mr. Fowler assured Mr. Hohenstein that the surveyor would be in contact with him before any construction begins.

Mr. Hohenstein also feels a shack on the Stewart’s property is a hazard and should be taken down, as well as a fallen tree near his property line.  Mr. Fowler stated the shack will be taken down.  Mr. Carr thanked Mr. Fowler and again stated that this issue is between the property owners.

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

MOTION

In the matter of the application for revision to a previously approved site plan by Stewart’s Shops Corp., for modifications to the property located at 5246 Amsterdam 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, as the underground storage tanks will be upgraded to current standards, and the septic system will be replaced with upgraded design and materials.

Motion:  J. Gibney   Seconded:  J. Tassone
Vote:   Ayes: 5 Noes: 0 Absent: 2        
MOTION CARRIED
MOTION

In the matter of the application for revision to a previously approved site plan by Stewart’s Shops
Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 4

Corp., for modifications to the property located at 5246 Amsterdam Road, the Planning and Zoning Commission hereby conditionally approves the application.  The Commission’s decision is based upon the following findings:

1.      The proposed use does 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.

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 and shrubs.

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 demonstrate adequacy and durability of structures, roadways, utilities, and landscaping.

10.     The proposed use does protect adjacent properties against noise, glare, light pollution, odors, litter, unsightliness, or other objectionable features.  It does not make it any worse.

11.     The proposed use does provide suitable open space for buffering and/or recreation purposes.

Conditions of Approval:
1. Soil percolation tests will be preformed in the spring of 2011 and witnessed by town engineering staff.
Motion:  J. Gibney   Seconded:  S. Marsh
Vote:   Ayes: 5 Noes: 0 Absent: 2        
MOTION CARRIED
Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 5

4.  RD Management, LLC                                  Site Plan Review (Preliminary)  
 202/204 Saratoga Road  
                                                                               
The landowner/applicant is proposing to re-develop the former K-Mart and Grand Union properties and reconfigure three existing parcels into two.  The project involves the demolition of the former K-Mart and Grand Union building (127,740 sq. ft.), followed by construction of a new approximately 135,000 sq. ft. Target store, as well as another 36,000 sq. ft. retail building, in addition to a pad site for a 3,000 sq. ft. “out building.”  Several area variances are being requested of the Zoning Board of Appeals, as well as a waiver from the PZC to exceed the 100,000 sq. ft. building cap mandated by the Town Center Overlay Zoning District regulations.

Richard Pearson, partner in John Meyer Consulting, stated revisions have been made to the plans based on comments received from the Planning and Zoning Commission, town staff, and C.T. Male.                          

M. Carr explained that the applicant is looking for preliminary approval, but there are many areas that need to be addressed within the schedule the applicant is presenting.

Response to Town comments per the February 11th letter from R. Pearson and discussion:
(copy of 2/11/201l letter attached to these minutes for reference purposes)

  • We will relocate the proposed internal sidewalk from the vicinity of the bank to the landscaped island associated with the Target handicap parking spaces.  The sidewalk will be extended to the north and the sidewalk will be kept in the vicinity of Harding Boulevard.
  • We will endeavor to provide a sidewalk from Glenridge Road to the 36,000 square foot building.
  • Re: drive-thru operation - Traffic study and computer simulation shows only two cars queued in the drive-thru lane.  The developer does not have a specific tenant at this time, but wants a drive-thru option included.
  • Postal employees will be accommodated within the Target lot and can use up to 35 parking spaces.  We will review the existing agreement to determine when/if the agreement expires.  We will continue negotiations with USPS.
  • The snow stockpile area in the vicinity of the 36,000 square foot building will be removed.  The snow will be moved or will be hauled off site, if necessary.
  • Relocating the sidewalk will improve pedestrian operations in the vicinity of the southern driveway.  If the proposed signal is approved at the center site driveway, minimal exiting traffic is anticipated at the south driveway.  A right in/right out turn at the Bank of America is also being considered.  Input from DOT is anticipated within the next few weeks.
  • The applicant will provide a five foot separation between Route 50 and the proposed
sidewalk.
  • The applicant will revise the species of the street trees along Saratoga Road as requested.
  • The applicant will provide street trees along the embankment of the storm water basins along Route 50.
Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 6

  • The applicant will provide protection for the existing Red Pines, such as fencing.
  • Shields will be provided on the Sternberg fixtures along Route 50 and Glenridge Road.  Target needs to make the building visible, but is willing to reduce the height of the poles from 38’ to 30’ on a 3’ base.  
  • Shielding will be added on the proposed light fixture nearest the single-family residence at the end of Harding Boulevard.
  • The applicant is waiting to hear from NYSDOT regarding meeting to review the resubmission.
  • R. Pearson will revisit the CDTA request for 25 shared parking spaces with Target.

Response to comments from January 31 letter of review from C.T. Male and discussion:
(copy of 1/31/201l letter attached to these minutes for reference purposes)

  • The applicant is complying with the redevelopment strategy in Chapter 9 and the SWPPP will be revised to indicate the same.  As elevations are confirmed, calculations can be verified.  If the ponds cannot go where they are currently shown, the plan will be modified to underground storage or other alternatives; this will be coordinated with Dana Gilgore.  D. Gilgore noted that NYSDOT will also be involved in solving the problem as grading will need to be done in their right-of-way.  S. Marsh stated that this is the most visible and largest issue with this property.  T. Bodden asked if it is a reasonable expectation that the entire stormwater problem near the Glenville Queen diner will be mediated and is all the drainage included in the applicant’s calculations.  R. Pearson said yes, the flow from a 1-year storm event will be significantly reduced and all drainage flow is included in calculations.  D. Gilgore offered that in way of assurances, the system could be monitored for performance for a period of one year.
  • Standard practices will be used per the Stormwater Management Design Manual. Cut and fill will change the grade, but a vegetative swale may be possible.
  • The requested breakdown of the water quality percentages for the redevelopment and new impervious areas combined will be specified in the revised SWPPP which will be submitted for Final Site Plan Approval.
  • Geotechnical engineering testing was discussed earlier; test pits will be done and D. Gilgore will be asked to be present at the testing.  R. Pearson hopes to schedule testing within the next few weeks, weather permitting.
The sand filter system and flows will be detailed for better clarification.
The peak water levels will be provided for better clarification.
The requested pretreatment calculations will be addressed and clarified for the reviewers.
The drainage inlet has been eliminated as requested.
Delineation of the drainage areas and discharge points from Hampton Run Apartments will be provided.
The sanitary main and manhole associated with the former septic field will be removed.
  • In regards to the transitioning of the driveway grades on the easternmost Bank of America driveway, discussion is ongoing with the bank; the grade will be softened.
  • Demolition plans will be included as part of the Final Site Plan Approval drawings and the existing features to be removed will not appear on subsequent plan sheets.
Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 7

M. Carr asked if any asbestos, etc. was identified in the existing building.  R. Pearson said he thought the floor tiles are asbestos, and removal will be part of the demolition plan.  M. Carr noted any hydraulic lifts have fluid in them, which is a regulated substance, and needs to be removed.  R. Pearson said anything not used will be removed - not abandoned, but removed, including other basins or structures.

S. Marsh noted additional items that need to be addressed, for example post office boxes.  R.  Pearson said the Feb 3rd letter speaks to that issue.  He said he spoke with Glenville postal authorities and a Connecticut representative. He was familiar with the cross-access and the parking plan has been sent to him for review.  The applicant is proposing a 15’ radius for the turn.  The mailboxes are shown to remain.  The boxes are on post office property and the access to them is on the developer’s property.

T. Bodden questioned the need for a 3000 square feet building with a drive thru.  He thought queuing doesn’t seem to be adequate, the building is very close to the road, and wondered if any consideration has been given to moving the building to the east.  He does not think it will look good.  R. Pearson suggested an approval condition to have the applicant continue to look at that location and when a tenant is identified, come back before the Planning and Zoning Commission again.  

S. Marsh said all elevations and inverts need to be defined.  The assumed elevations need to be corrected and the design needs to be detailed on final plans.

S. Marsh stated that the consultants need to get this information in to make the time frame the applicant is requesting, and at the rate of progress thus far, he is concerned.  T. Bodden also expressed doubt that 30 days is sufficient time to get the answers to outstanding questions and issues.  R. Pearson said he will not wait to supply information until the final deadline, but will provide it as it is available.  

The time line was discussed briefly.  Attorney Peg Huff reminded the Commission that they have the option of leaving the public hearing open.

M. Carr stated that this redevelopment of an existing use is good for Glenville, but the applicant must help the Commission and public have adequate time to review and digest the information.  

S. Marsh stated that he is willing to go ahead with preliminary approval tonight with the trust that the issues will be resolved with enough information to proceed with the public hearing, but, without sufficient progress, he won’t be able to advocate for this project.  The board should convey their expectations to the applicant for the sole purpose of helping the applicant form the application to move forward quickly.  

R. Pearson said along those lines, a new surveyor will be hired this week.  There are several things he knows that can be done before the public hearing.  Completing the survey may not be one of them.

Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 8

S. Marsh said he would like to see movement with NYSDOT.  K. Corcoran is trying to schedule a meeting with Kevin Novak of NYSDOT.  R. Pearson said he spoke with Mr. Novak recently, and he hopes to hear from him within the next two weeks regarding DOT’s review.
 
It was determined that the draft resolution prepared by Attorney Don Zee will not be used as the Commission wants more specific language.

K. Corcoran stated that the Planning Department must be an advocate for pedestrian accommodations and bicycle and bus routes, per the Town Center Master Plan.  CDTA has been in contact with him because in 2007, there were 2,400 riders on the Route 50 route.  Now there are 40,000+ riders annually on this route from Schenectady to Saratoga.  CDTA now sees an opportunity to re-establish a park and ride lot that was once on the K-Mart property.  Discussion followed with points being made both for and against providing CDTA 25 shared parking spaces.  Target would have to sign an agreement to allow cars to be parked while using public transit.  M. Carr stated Mr. Pearson had related earlier in the day that Target may be willing to revisit the transit issue after  one year, after taking a look at how busy the parking lot is, snow removal, etc.  Target has planned 727 parking spaces on the site.  M. Carr noted that although it is not Target’s responsibility to accommodate CDTA, Target is receiving public funding and some thought should go into serving the public.

P. Huff noted that this application has received a SEQR Negative Declaration by Metroplex.
  
MOTION

In the matter of the preliminary site plan review application by RD Management for a Target store, located at 202-204 Saratoga Road, the former K-Mart location, the Planning and Zoning Commission hereby conditionally approves the application.  

The Commission hereby schedules a public hearing for March 14th, 2011 to consider the final site plan review application for this particular project.  Conditions of preliminary approval are as follows:

  • The applicant will return to the Planning and Zoning Commission for site plan review and approval of development of the 3,000 sq. ft. pad site on the north side of the property when the use of the building is determined.
  • Sternberg lighting will be used along Route 50 and Glenridge Road.  Height issues for parking lot light fixtures (38’ reduced to 33’) to be addressed to the satisfaction of the PZC, Town staff, and the applicant.  Also included are any lighting calculations, shielding, etc., associated with lighting on this site.  It is agreed and understood that a variance will be required for parking lot light pole height.
  • Stormwater and appropriate drainage issues are to be resolved.  Final elevations will be obtained as soon as possible, as well as soil borings in the vicinity of the proposed stormwater detention area along Route 50.  If the proposed stormwater
Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 9

management system proves to be inadequate of solving the issue, the applicant will provide alternative solutions.  It is agreed and understood that upon final approval, the Commission will require monitoring of the system for a period of at least 12 months to determine stormwater is being conveyed appropriately.
        4.      Satisfaction of Town comments and C.T. Male comments per letter dated February 11, 2011, specifically:
  • Applicant agrees to relocate the proposed internal sidewalk from the vicinity of the bank to the landscaped island associated with the Target handicap parking spaces.  The sidewalk will be extended to the north and the sidewalk will be kept in the vicinity of Harding Boulevard, and will be shown on the map.
  • Applicant will endeavor to provide a sidewalk from Glenridge Road to the 36,000 square foot building; this will be shown on the map.
  •    Once a tenant is identified for the 3,000 sq. ft. building with a drive-thru, the applicant will come before the Planning and Zoning Commission for site plan review. As a preliminary matter, it is noted that the applicant has indicated they will provide two lanes, not one, as currently shown.
  • Applicant will work with and finalize specifics of the agreement with the US Postal Service regarding use of parking on RD Management’s property.
  • Snow stockpiling area in the vicinity of the 36,000 sq. ft. building will be moved to other appropriate areas on the property or will be trucked off site.
  • The applicant has agreed to provide a 5’ separation between the proposed sidewalk and Route 50.
  • The applicant has agreed to revise the cultivar of the proposed Japanese Zelkova tree along Saratoga Road so that a shorter subspecies is planted (i.e. the Schmidtlow Cultivar).
  • The applicant has agreed to provide street trees along the embankment of the stormwater basins along Route 50.
  • The applicant has agreed to provide protection to preserve the existing Red Pines along Glenridge Road; especially during the development of the site.
  • The applicant has agreed to provide shields on the Sternberg light fixtures along Route 50 and Glenridge Road.
  • The applicant has agreed shielding will be added to the lighting in the vicinity of the single-family residence on Harding Boulevard near the southern property line of the project site.
  • It is noted that the Commission is waiting for a decision from NYSDOT regarding the proposed location of the traffic signal and expects the applicant to pursue their preferred design in regards to entrance curb cuts, proposed grading in the right-of-way, and a traffic signal.
  • The Commission is requiring the applicant to re-evaluate the CDTA request for 25 shared parking spaces after studying any impact over the course of a 12 month period.
  • The applicant has agreed to comply with the redevelopment strategy in Chapter 9 and the SWPPP will be revised to indicate same.
Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 10

  • The applicant has agreed to use standard practices per the Stormwater    Management Design Manual and will consider possible use of rain gardens and other types of alternative measures.  It is noted that cutting and filling will change the grade of that area.
The applicant has agreed to be more specific regarding the breakdown of the water quality percentages for the redevelopment and new impervious areas in the revised SWPPP.
The applicant has agreed to complete additional geotechnical engineering tests with soil borings in the affected stormwater detention area and design the stormwater management plan accordingly.
The applicant agrees to redesign and clarify the diversion of the higher flows from the proposed sand filter system.
The applicant agrees to clarify peak water levels for the infiltration basins and the sand filter.
The applicant agrees to provide the requested pretreatment calculations.
It is noted that the applicant has eliminated the drainage inlet as requested.
The drainage area delineation as well as the discharge points from the Hampton Run Apartments will be specified and shown on the plans.
The applicant has agreed to remove the sanitary main associated with the gravity sanitary sewer and former septic field which is no longer in operation.
The applicant is to provide documentation of agreement between Bank of America and Target regarding the transitioning of the driveway grades.
A demolition plan is to be included as part of the Final Site Plan Approval drawings and will include removal of asbestos containing materials, hazardous materials, underground structures that may contain regulated substances, including lifts, underground tanks, etc.  Other sheets in the plan package will not show existing features to be removed.
It is noted that Metroplex Development Authority has issued a SEQR Negative Declaration with no conditions attached.
The mailbox location must be finalized.
5.      It is agreed and understood that three waivers will need to be granted for final approval of this application.  They are for:
  • the size of building (exceeds 100,000 sq. ft.)
  • front yard setback (exceeds 35’  maximum)
  • and lighting style in the interior of the site (applicant does not want to install Sternberg fixtures).
6.      It is agreed and understood that the following variances must be granted before final approval of this application.  They are for:
  • reduction of parking space dimensions,
  • the compact parking space dimensions,
  • the internal lot line rear yard setback (needs to be set at 0 feet as the buildings are next to each other),
  • building footprint and square footage size,
  • the parking setbacks along the southern property line,
Planning & Zoning Commission Meeting Minutes
February 14, 2011
Page 11

  • number of landscaped islands,
  • parking lot lighting height,
  • Lot #2 is substandard lot (less than 5 acres),
  • signage (Target currently uses internally lit pylon signs which are not       allowed in the Town Center district),
  • Stormwater detention basins in front of the property do not meet the minimum setback requirement.  
The Commission hereby schedules a public hearing for March 14, 2011 to consider the final site
plan review application for this particular project.  However, in order for the Commission to schedule a public hearing for March 14, 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. Carr   Seconded:  J. Gibney
Vote:   Ayes: 5 Noes: 0 Absent: 2        
MOTION CARRIED


5.  Chris Maddalone                                             Request to extend filing  
     Woodruff Drive and Judy Drive                      deadline for approved
                                                                                        Subdivision

The applicant received approval for an 8-lot subdivision on January 11, 2010.  The deadline for filing the final subdivision map with the Schenectady County Clerk’s Office was March 15, 2010.  The applicant has not filed the map due to financial difficulties in association with back taxes and current property taxes.  The applicant is therefore requesting an extension to the filing deadline.

P. Huff is of the opinion that the applicant will need to re-apply as the approval was granted over one year ago.  If the Commission waives the county statute stating the subdivision maps must be filed within 62 days of approval, it would set a precedent.  This applicant is therefore directed to re-apply.  Another public hearing will not be required since the project has not changed.

With no further items on the agenda, the meeting was adjourned at 9:30 p.m.  The next meeting of the Town of Glenville Planning and Zoning Commission is to be held on Monday, March 14th, 2011.  The agenda meeting will be held on Monday, March 7th, 2011.  


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

        
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