A regular Meeting of the Town Board of Guilderland was held at the Town Hall, Route 20 McCormick's Corners, Guilderland, NY, on the above date at 7:30 pm. The meeting was opened with the Pledge of Allegiance to the flag. Roll call by Rosemary Centi, Town Clerk, showed the following to be present:
Councilman Ricard
Councilwoman Slavick
Councilman Bosworth
Councilman Pastore
Supervisor Runion
ALSO PRESENT: Richard Sherwood, Town Attorney
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Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion approving the minutes of the May 16, 2006 Town Board meeting.
MOTION #122 Councilman Bosworth moved to APPROVE THE MINUTES OF THE MAY 16, 2006 TOWN BOARD MEETING. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
PUBLIC COMMENT PERIOD – Connie Ware, Coronet Court, stated that she had purchased the property on 2026 Western Avenue in order to set up a nice restaurant and because of its Local Business (LB) zoning for which she paid top dollar.
She further stated that she had input from a number of residents who approved of the restaurant going onto the site.
Supervisor Runion asked that the comments regarding the agenda items be brief, as the public hearings had been closed.
Robert Adams, Esquire, asked for a confirmation that letters submitted by Victor Caponera, Esq. for the applicant had been submitted and reviewed the claim of Ms. Ware and the debt that she and her husband had incurred in regard to the restaurant. He further reiterated the hardship that she would suffer if the Board proceeded with the re-zoning.
Karen Moreau, Attorney for Mr. Wiess and Mr. Schafer owners of 2028 Western Avenue asked if the letter of May 30, 2006 that she had submitted had been received and put into the record.
Supervisor Runion stated that it had.
Agenda Items:
Item #1 concerned a vote only on the re-zone of 2026 and 2028 Western Avenue
Supervisor Runion stated that he had received an e-mail from a Board member asking that he be allowed to comment on the proposed re-zones.
Councilman Bosworth stated that in reviewing information that he had received regarding the two parcels, there had been significant statements made by both of the property owners involved, that the effects of a re-zone would be negative on their equity and their position of investment with these properties.
He further commented on the history of the properties as stated by Supervisor Runion at the last meeting and raised many issues regarding the situation of this property in an area that was previously BNRP and adjacent to properties that are BNRP.
He stated that there are a number of other parcels on Western Avenue that have a Local Business designation without the buffers and have some of the similar circumstances that have a great deal of concern with the neighbors.
He stated his concern that if the Board were to act on these two parcels alone, the Board would be giving some merit to the comment that these are actions being taken in response to the neighbor opposition to the restaurant approval.
He felt that if the Board were to follow Comprehensive Planning principles, in keeping with good planning, and if the Board knows that there are apparent issues similar with other properties, they should be looked at as a group and not single out these particular properties for a review.
He further stated that he would like to have a further review of the LB parcels on Western Avenue that are similarly situated to the parcel at 2026 Western Avenue.
Councilman Pastore asked if there would be a discussion on this motion.
Councilman Bosworth stated that he would like to postpone the vote and ask the Town Planner to look at the other parcels in this neighborhood with similar circumstances in order to flush out the nature of the problems for these parcels and other neighboring properties with similar buffering problems.
Councilman Pastore asked what would happen if the vote were taken and there were a delay.
“ In the interim, what would the prospective restaurant owner do, proceed?”
Supervisor Runion stated that the restaurant owner had proceeded. He further stated that it was made very clear at the last public hearing that whatever vote was taken regarding the re-zone, the Board would honor the Special Use Permit granted by the Zoning Board of Appeals.
The ability of the restaurant to open was not in jeopardy by any actions that the Board may make on the re-zoning issues this evening
He further stated that in reviewing the various leases submitted for parking, if the Board were to vote for a re-zone, the actions of the Board regarding the re-zoning would be more favorable than the leases that were negotiated for reciprocal parking with 2020 Western Avenue.
He stated the first lease that he had reviewed, apparently rejected by the Zoning Board of Appeals, indicated that the parking for 26 cars, which is over 50% of the parking and is to be located at 2020 Western Avenue is personal to the lessees Connie Ware and Paul McCullough and could not be transferred to a new owner or entity of the restaurant
He had received on June 6, 2006 a revised lease agreement indicating that the term of the lease is 15 years with one option to renew for five years. It is a maximum lease of 20 years.
He advised the attorney for the applicant that the second lease does not comply with the Zoning Board of Appeals Special Use Permit because it is required that the reciprocal parking have a lease in perpetuity, not a limited term. He stated that the applicants would not be able to obtain their Certificate of Occupancy based on the fact that the lease term on the parking is not “in perpetuity.” It also has to be in recordable form. He suggested that they review the conditions of the Special Use Permit.
Councilman Pastore asked if “in perpetuity” meant for the duration of her operation of the restaurant or that the lease agreement must run with the land no matter what the use is.
Supervisor Runion stated that as long as it is a restaurant use it would need to run with the restaurant use.
If she were to discontinue the restaurant use or if Ms. Ware were to sell it and a subsequent owner were to discontinue the restaurant use they would be able to go back to the lessor of 2020 Western Avenue and have the lease discontinued.
Councilman Pastore asked if the current applicant negotiates a lease that is “in perpetuity” and she sells the restaurant to another restaurant owner will they be qualified under the Special Use Permit from the Zoning Board of Appeals?
Supervisor Runion stated that they were and need not go back before the Zoning Board of Appeals for a Special Use Permit.
Councilman Bosworth stated that in McKownville there were concerns of the intensive uses of small lots and the Board established a committee to look at all of the parcels so that no one is singled out for adverse action.
He further stated that he was looking at an area view as opposed to a parcel specific view.
Town Attorney, Richard Sherwood, stated that Councilman Bosworth should identify the area.
Councilman Bosworth stated specifically the area from Gipp Road up to the intersection of Routes 155 and 20. An area called the Westmere Commercial Corridor. A number of residential homes on Western Avenue in a Local Business zone have been converted to insurance agencies, dental offices or doctor’s offices and could have an application come in for a restaurant permit. The Board would then be faced with the same issues. He felt that this should be addressed all at once.
Supervisor Runion further discussed the problem with parking and the lease agreement in regard to the question of perpetuity and the limit on the applicant’s lease agreement. Looking at paragraph 11 and 16 of the Special Use Permit.
MOTION # 123 Councilman Bosworth moved to DELAY THE VOTE ON 2026 AND 2028 WESTERN AVENUE IN ORDER TO REVIEW THE ZONING OF SIMILARLY SITUATED LOTS ON ROUTE 20 FROM GIPP ROAD TO ROUTE 155 (WESTMERE COMMERCIAL CORRIDOR). Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Opposed
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Stating, “My concern still remains on the potential re-zone of the properties. Not that the restaurant is the most viable use of the property but the fact that the Planning Board and the Zoning Board did determine that the restaurant would be permitted or is permissible. I am going to vote in favor of the motion but my concern remains that this Town Board cautiously review, when it does, the consideration that the property be re-zoned and the fact that the restaurant will still be allowed and permitted but what we are doing is setting a precedent, I believe, of an Appellate Review of the Planning Board and Zoning Boards decisions and I am very leery of that. I’ll vote for further review and consideration but my concerns from the last meeting remain.”
Supervisor Runion Opposed
Stating, “I do not see a reason to delay. The vote is on the two parcels in question and I went through a detailed history on the two parcels and the fact that both parcels were zoned in accordance with a comprehensive plan that had been conducted on Western Avenue. It was a planning study that had been prepared by Manuel S. Emanuel, Inc. and at that time the properties in question, 2026 and 2028, were both zoned BNRP by the Town Board. It was not until 1992, when an application for a floral shop came in before the Board, that the Board took 2026 and 2028 and pulled them out of what had been a comprehensive plan for Western Avenue and re-zoned them Local Business. Apparently 2028 followed along with the property 2026 Western Avenue in order to avoid the issues of spot zoning. I feel
that the Town Board in 1992 made a mistake in re-zoning these properties from BNRP to Local Business and feel that a delay of the vote is not necessary at this time.”
No vote on agenda items #1 & 2.
Councilman Bosworth asked for a date from the Town Planner to get back to the Board with a preliminary description of the properties involved and what the issues might be.
Town Planner, Jan Weston, stated that she would like to speak with the Supervisor and talk about what the scope of the study would be.
Councilman Bosworth expressed his concern that there is neighborhood input.
PUBLIC HEARINGS:
7:30 PM – Re-zone request of Jeff Thomas, former Bavarian Chalet at 5060 Western Avenue from Local Business (LB) to Multiple Residence (MR)
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion described the parcel and the request of Mr. Thomas.
Mr. Thomas thanked the Board for being allowed to make his presentation. He stated his desire to build a senior retirement community for independent living.
He described the site of the former Bavarian Chalet as being ideal for his project.
The former restaurant would be used for a clubhouse for the senior retirement community and also to provide Guilderland with a senior center.
He stated that their goal was to build a retirement community for independent living that would provide a place for seniors to enjoy their retirement without leaving their community.
Dominick Ranieri, Dominick Ranieri Architects, Troy, gave an overview of the project design.
Their plan is to create a little village around the site of the former Bavarian Chalet.
He further stated that Mr. Thomas asked them to be respectful of the site and to what the Town would like to see at the site.
Supervisor Runion read the recommendations from the Albany County Planning Board, Town Planner, Jan Weston and the Planning Board. (P 66A,B, C).
He also read a letter from homeowners Gerasimos and Andrea Kagas, 5084 Western Turnpike, expressing certain concerns. (P 66D)
A letter was read from Marilyn Avery in support of the project. (P 66E)
Gene Messercola, Carman Road, Albany County Legislator for the district, commended Mr. Thomas for his faith in the Town of Guilderland with this project.
He asked that the Board give approval for the zoning change on this issue.
Bob Zulick, French’s Mill Road, stated he was encouraged by the project. He felt that it was a very good use of the property and was very much in favor of the project.
Mary Brennan, Old State Road, thinks it is great idea.
Supervisor Runion asked about pricing and the issue of affordability.
Dominick Ranieri stated that they would probably run in the low $200,000.
Supervisor Runion discussed density based on buildable land and asked about the number of units per acre.
Mr. Ranieri stated that, based on their calculations, they would have 7 units per acre.
Supervisor Runion asked about the number of variances that would be required for the 86 units that they would like on the property.
Mr. Ranieri stated that he believed only one variance would be required for their site for a 50’ set back on the east end of the site. They will be almost 50% green and are asking for some leniency on those buffers on the areas without any housing. On the rest of the site they are over the 100’ setback.
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A discussion continued regarding what would be on the site for seniors.
Supervisor Runion stated that the Planning Board asked about putting in some sidewalks and why Mr. Thomas had rejected the idea.
Mr. Ranieri stated that they had no objection to putting the sidewalks in on the property that they have control over.
Mr. Thomas stated that there was complete walkablitiy within the site and they were open to suggestions from the Zoning Board and the Planning Board.
The entrance driveway would be on the French’s Mill Road side.
Councilwoman Slavick asked about the use of the existing Chalet.
Mr. Thomas stated that the existing Chalet would be a clubhouse for the seniors and if the Town wants, a senior center for the Town.
Councilwoman Slavick asked about a small store.
Town Clerk, Rosemary Centi stated that residents had been to her office asking if the site would have a hair salon and a small store.
Councilman Bosworth asked if the entire site would be available to seniors.
Mr. Thomas stated that some would be a shared space and some would be limited to residents.
Councilman Bosworth asked about ownership of the property and maintenance.
Mr. Thomas stated that theses items would be worked out.
Supervisor Runion stated that it would have to be a dedicated use with some type of affiliation to the Town because community centers are not allowed within an MR district.
Donald Zee explained a point of zoning in the code.
Supervisor Runion stated that if there were a dedication to the Town, the Town is not subject to zoning.
John Brennan, Old State Road, asked about the units.
Mr. Ranieri described the units, garages and the possibility for elevettes to the second story.
Jane Springer, Pine Knob Drive, stated that it was a good plan and she was in favor of it.
Brian Smith, Lone Pine Road, concerned with price issue. Stated that keeping the number of units as is would keep the cost down. He was in favor of the project.
Jim Zyniecki, French’s Mill Road, questioned the traffic that would be emptying out onto French’s Mill Road. He did like the idea.
Dominick Ranieri stated that the restaurant had 350 seats, by making it a senior housing community the traffic impact would be reduced by 2/3’s.
MOTION #124 Councilman Bosworth moved to CLOSE THE PUBLIC HEARING ON THE RE-ZONE REQUEST OF JEFF THOMAS. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
Supervisor Runion requested that this issue be placed on the June 20, 2006 Town Board meeting for a vote only.
Item # 3 on the agenda concerned issuing a positive declaration pursuant to the State Environmental Quality Review Act (SEQRA) for a project located at Route 20 and Winding Brook Road called Glass Works Village.
Supervisor Runion stated that he had sent out notices to the involved agencies that the Town Board would like to consider acting as the lead agency for purposes of environmental review of the project. The recommendation came from the Town Planner and John Behan, the planner retained for review of the project.
Hr further stated that he had not received anything from other agencies and time has expired for them to do so.
MOTION #125 Councilman Bosworth moved that the TOWN BOARD OF GUILDERLAND ACT AS LEAD AGENT FOR PURPOSES OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT AND ALSO MAKE A DETERMINATION OF SIGNIFICANCE AND REQUIRE THE PREPARATION FOR A FULL ENVIRONMENTAL IMPACT STATEMENT FOR THE PROJECT KNOWN AS GLASS WORKS VILLAGE. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
The applicant stated that they would like to submit a draft scope for distribution to all involved agencies as well.
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MOTION # 126 Councilman Pastore moved to HOLD A SCOPING SESSION ON JULY 18, 2006 AT 7:30 PM FOR ENVIRONMENTAL ASSESSMENT FOR GLASS WORKS VILLAGE. Councilman Ricard seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
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Item #4 on the agenda concerned setting a public hearing on the request of Kenneth and Mary Lou Teetsel; also, Mr. & Mrs. Jose Martinez, Mr.& Mrs. Donald Dean, Mr. And Mrs. John Lyons, Kerry Quinn and John Hogan who have all joined to sign the application for a re-zone of 5 parcels of land on Spawn Road.
The applicants also had a petition signed for the re-zone request by members of the neighborhood. (P 68A)
The request is to re-zone the properties from General Business to Residential –15.
Supervisor Runion read a memo from Town Planner, Jan Weston. (P 68B)
Supervisor Runion stated that there was the possibility of a Stewart’s developing the property on the corner of Spawn and Carman Road. With the current zoning, the neighbors would not have any buffering from a parking lot right up to the lot line. This re-zone would afford them protection and buffering in the event that an application by Stewart’s or any type of business along that road should come in.
Councilman Bosworth stated that a gas station on that corner might be intense and a Local Business designation could be considered.
Supervisor Runion stated that The GB requires a 75’ buffer and the LB would require a 50’ buffer for a less intense use.
Mr. Teetsel stated that a number of people were concerned with a business going in on the corner.
Supervisor Runion asked if there were any businesses that would be acceptable.
Mr. Teetsel stated that most people felt that any business would present a problem.
Supervisor Runion stated that the Town usually tries to transition to residential not with LB but with BNRP which only allows professional type office structures and limited type uses that would serve the neighborhood. Basically a daytime business.
A discussion was held by the Board regarding the entire block from Spawn Road to Lone Pine and the question of re-zoning for that area.
Tom Lewis representing Stewart’s stated that what the five homes are asking for seems perfectly reasonable and respects the Town Board’s rights to re-zone.
MOTION #127 Councilman Bosworth moved to SET A PUBLIC HEARING ON A RE-ZONE REQUEST OF KENNETH AND MARYLOU TEETSEL TO RE-ZONE PREMISES BEGINNING AT 3011 SPAWN ROAD TO TIMOTHY LANE (TAX MAP PARCELS 27.15-1-3,4,5,6, AND 7 ) FROM GENERAL BUSINESS (GB) TO R-15. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
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MOTION #128 Councilman Ricard moved to APPROVE THE TRANSFER OF $2,357.58 FROM SERAFINI DRIVE PUMP STATION ACCOUNT TO SEWER RESERVE FUND. Councilman Bosworth seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
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MOTION #129 Councilwoman Slavick moved to AUTHORIZE THE DEPARTMENT OF WATER AND WASTEWATER MANAGEMENT TO GO OUT TO BID FOR MATERIALS FOR WATER EXTENSION #72, VOORHEESVILLE-GUILDERLAND INTERCONNECTION. Councilman Ricard seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
Presentation of revisions to Mill Hill Planned Unit Development.
Terresa Bakner, Esq. of Whiteman, Osterman & Hanna presented for Mill Hill.
Supervisor Runion stated that the prior applicant had appeared before the Board on a number of occasions and the current owner had also appeared. He further stated that the residents in Westmere area had been promised a park site located off of Western Avenue but it had been problematic to get title to the site. The new owner has since obtained title to that site.
Ms. Bakner stated that 16 acres on Johnson Road had been obtained 8 of which will be turned over to the Town of Guilderland.
Supervisor Runion asked if they were proposing to make changes to the Planned Unit Development that had been approved by Local Law #1 in 1993 and asked for a brief summary of those changes.
Ms. Bakner also stated that they were proposing changes exclusively with Phases 2 and 3.
The proposal calls for a reduction in the density originally proposed, approval for these phases and to eliminate the congregate care section for this development of 81 units.
The remainder of the uses that were authorized for these phases were retirement independent living multi-family resident units. This proposal calls for a reduction in the number of units from 208 to 88. They will keep and build the 24 town homes. The other benefit to this new proposal is an increase in the active green space of 14 acres and of the passive green space of 20 acres. They are looking to add commercial retail with a Stewart’s proposed for the corner of Mill Hill and Route 155.
A traffic study had been submitted to the Board taking into account that use.
Supervisor Runion asked how much square footage of commercial there had been in the original PUD.
Ms.Bakner explained the changes and stated that it had been reduced to 5,500 sq. feet.
Supervisor Runion stated that what had been in the original PUD had been BNRP or Local Business and the new proposal was more intense in it’s use. A convenience food store with gas pumps would be a general business type use.
Ms.Bakner stated that if the Stewart’s were considered a General Business Use they would be asking for an amendment that specifically permitted it in this PUD with an understanding that there would be a separate Special Use Permit required for that use.
She further stated that their primary concern was a reconfiguration of the PUD and a change in the age from 62 to 55 to make it consistent with the other types of adult residential proposals in front of the Board. The age of 55 in terms of the market are what people are looking for.
Supervisor asked if they had they had reviewed, with Town Planner, Jan Weston, the modifications required with respect with Local Law #1 of 1993.
Ms. Bakner stated that they had and presented a draft Local Law for the Board and the Town Attorney to review.
Supervisor Runion stated that they should meet with the Town Attorney and finalize a Local Law before proceeding to the Planning Board
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MOTION #130 Councilman Ricard moved to AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH BARTON & LOGUIDICE,PC FOR ENGINEERING SERVICES FOR REPAIR AND PAINTING OF WESTMERE WATER TANK AND DEMOLITION OF DEPOT WATER TANK. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
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Presentation of Final Generic Impact Statement for Northeast Industrial Park (available in the Town Clerk’s Office)
Kathy Simmonds, Landscape Architect/Clough Harbour & Associates representing the Galesi Group and NEIP reviewed the various parts of the FGIS and asked that it be distributed to the various agencies.
Supervisor Runion stated that a number of comments had been submitted.
Councilman Bosworth stated that he had a letter submitted by Mr. Charles Riley for submission to the Board.
Document to be submitted for comments.
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MOTION #131 Councilman Ricard moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT FOR GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $279,318.65. Councilwoman Slavick seconded the emotion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
MOTION #132 Councilman Bosworth moved to ADJOURN THE TOWN BOARD MEETINGOF JUNE 6, 2006 AT 9:45 PM. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Ricard Aye
Councilwoman Slavick Aye
Councilman Bosworth Aye
Councilman Pastore Aye
Supervisor Runion Aye
Respectfully submitted,
Rosemary Centi, Town Clerk
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