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 June 20, 2006 Town Board meeting.
MOTION # 153 Councilman Bosworth moved to APPROVE THE MINUTES OF THE JUNE 20, 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
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PUBLIC COMMENT PERIOD: No public comment
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Supervisor Runion apprised the Board of a report that the School Board of Education had produced regarding alternate revenue sources.
A discussion will be held between the Town Board and the School Board at a later date with the school district forming a committee to look at either a school trust or a community-funded mechanism.
He also mentioned to the Board that materials had been submitted by Delaware Engineering regarding the water line loop for the west end of Town.
The information will be placed on the September agenda.
PUBLIC HEARINGS:
7:30 PM – Scoping Session, Glassworks Village
Rosemary Centi, Town Clerk, read the legal notice.
The Glassworks Village is proposed by Atlantic-Properties Pacific, Inc. as a development of 57.5 acres of land at the intersection of US Route 20 and Winding Brook Drive. The project is mixed use and is slated to include condominiums, townhouses, commercial space with office and retail, a new internal road and sidewalk system, extension of new sewer and water lines, and village green space.
Joseph Sausto presented scoping documents for the project to the Town Board stating that the Town Board will do a complete environmental review and has issued a positive declaration.
Frank Fazio, of C.T. Male, reviewed the Scoping document for the Board (available in the Town Clerk’s office).
He acknowledged that an environmental review would be necessary.
The Town Board is the lead agency and a Draft Environmental Impact Statement is needed and would be prepared in accordance with the DEC checklist.
Other interested agencies were notified as were neighboring property owners.
He further stated that the impact cost to the Town would be minimal. The projected cost would be less than a subdivision due to the commercial entities in the project.
Mr. Fazio further stated that they understood what needed to be done for this project to proceed.
He delineated a number of items that are fully explained in the scoping document such as:
- Site has been delineated for wetlands
- Archaeological study is underway
- Traffic study
- Surveyed for contours and grade
- Evaluation of storm water alternatives according to DEC requirements
All of this information will be published in the Environmental Needs bulletin with a public comment period and a prepared Impact Statement.
Supervisor Runion read e-mails regarding the document (P 89A) from Carolyn Williams, Michael Buser, and Ken Smith and asked that these concerns be addressed in the Scoping Document.
Councilman Ricard asked that they do a diligent job of taking into account the visual aspects of the project and to be aware of residents’ concerns.
Councilwoman Slavick asked about anticipated traffic impacts and whether it was based on a full build out.
Mr. Fazio stated the traffic study was based on a full build out including background traffic and Town growth in general.
Councilwoman Slavick also asked about a traffic light and ingress and egress.
Mr. Fazio stated that the study would go to DOT for their review and improvements along the way. He further stated that Winding Brook Drive would be the main road, which will be borne out in the study.
Councilman Bosworth stated that he was interested in how the project would interface with other residential units and community life.
He asked for specific information as to how this project would contribute to the “Town Center” concept. He asked, “What would it mean to have a town center and what will bring people to the site”?
Councilman Pastore asked where the archaeological study fit in.
Mr. Fazio explained that it was a cultural resource and an independent report. He further explained that all items in the appendices would be addressed and discussed as far as impacts.
Councilwoman Slavick asked if the traffic study would take into account the uses of commercial sites.
Mr. Fazio stated that it would, that study trips would be done calculating traffic uses.
Councilman Bosworth expressed his concern with the scope of the commercial enterprises.
Supervisor Runion stated that there had been a lot of discussion regarding “smart growth” by the State. He further stated that he would like to see some discussion on how this project fit in with that and an approach on how all the various development surrounding the project would be integrated.
He further stated that the Town Board would like to see a more walkable project integrating with the Library, Guilderland Elementary School and the YMCA showing how the site would discourage the use of cars.
Mr. Dominick Ranieri stated that the project was designed with the concept of “New Urbanism” in mind and that they would add documentation addressing those issues.
Supervisor Runion questioned the fiscal impact. He stated that he would like to see something showing a positive fiscal impact so that the tax burden would not be increased, and positive benefits to the Town.
He asked for comments from the audience.
Brian Ladd, Lawlor Lane, stated his concern with the traffic study and number of trips generated.
MOTION # 154 Councilman Bosworth moved to ADOPT THE PROPOSED SCOPING DOCUMENT AS AMENDED WITH COMMENTS THAT WERE EXPRESSED TONIGHT. THE PUBLIC COMMENT PERIOD WILL EXTEND UNTIL SEPTEMBER 15, 2006. 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 HEARING – 8:00 pm
Rezone of properties from 3011 Spawn Road to Timothy Lane from General Business to Residential –15.
Tax map no. 27.15-1-3.4,5,6,7.
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion explained that the reason for the re-zone was the Board’s concern with development occurring on the corner of Carman Road and Spawn Road that would impact on these residences.
These parcels, zoned General Business, would not have any buffering protection should the corner be developed. He further stated that the best way to protect these residences was to re-zone to R-15 in keeping with the rest of the neighborhood.
Town Planner, Jan Weston, stated that the application had come from the residents. She gave approval for the re-zone.
Everett Graylord, Spawn Road, asked what the rest of Spawn Road was zoned.
Supervisor Runion stated that it was R-15.
Ken Teetsel, 3011 Spawn Road, stated that they were looking for buffering.
Supervisor Runion explained that the General Business zoning would also prohibit adding additions without getting a variance. This would alleviate that need.
He read comments from the Albany County Planning Board deferring to local consideration and the Town Planning Board recommending the re-zone.
MOTION #155 Councilman Bosworth moved to CLOSE THE PUBLIC HEARING ON A PROPOSED LOCAL LAW ON A REQUEST TO RE-ZONE 3011 SPAWN ROAD TO TIMOTHY LANE FROM GENERAL BUSINESS TO R-15. 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
MOTION #156 Councilman Bosworth moved that BASED ON COMMENTS RECEIVED BY THE ALBANY COUNTY PLANNING BOARD AND THE TOWN PLANNING BOARD AND COMMENTS RECEIVED FROM THE PUBLIC THIS EVENING, AND THE SHORT ENVIRONMENTAL FORM ANSWERING ALL QUESTIONS IN THE NEGATIVE, THE MOTION TO RE-ZONE WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. 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
MOTION #157 Councilman Bosworth moved to ADOPT LOCAL LAW #4 OF 2006 REZONING TAX MAP PARCEL NOS. 27.15-1-3,4,5,6,7 FROM GENERAL BUSINESS 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
8:30 PM PUBLIC HEARING – MILL HILL PUD MODIFICATIONS
Terresa Bakner, Esq., reviewed the proposed amendments to the Mill Hill PUD adopted in 1999 and reviewed the changes, stating that there would be no changes to Phase I or IV.
She further stated that the traffic study done for the convenience store proposed has shown that there would be enough traffic generated to warrant a traffic light at the site per DOT.
Supervisor Runion asked if Stewart’s had submitted any architectural drawings and was told that they had not come in with any at this time.
Ms. Bakner stated that it was their intention to work with the Town regarding the proposed Stewart’s.
Councilman Bosworth stated that the Board would need the drawings to address neighborhood concerns and that the drawings were of a substantial consideration. He further stated that the facility should reflect the style of the neighborhood and expressed his concern that no drawings had been submitted.
Councilwoman Slavick agreed with Councilman Bosworth stating the neighbors concerns with the Stewart’s fitting in with the neighborhood.
Councilman Pastore asked if the Board’s recommendation would be based on what the Stewart’s would look like.
Supervisor Runion stated “No.”
Ms. Bakner stated that they would be amenable to re-scheduling, a condition that a rendering is agreeable to the Town Board or coming back to the Board with an architectural drawing. She further stated that there would not be enough traffic generated without the Stewart’s to warrant a traffic light.
Supervisor Runion stated that there had been discussions regarding not only a Stewart’s but also other retail establishments for senior residents that were essential type services.
Ms. Bakner stated that Phase IV as a nursing home could provide services for the area.
Supervisor Runion felt that a discussion regarding this issue should be held this evening.
Ms. Bakner stated that nothing was proposed and that they would like to move ahead with the amendments to decrease the age limit and the number of units. She further stated that they would prefer to have a condition that Stewart’s would not move forward without a design approval.
Supervisor Runion stated that the Town Board wanted to look at a basic design. He further stated that the local law states that the Town Board approves a 5,000 sq. ft. Stewart’s with gas pumps and that the local law would need to change with regard to a Stewart’s or a convenience store in order to give the Planning Board some discretion in the matter.
Ms. Bakner stated that the Board could put a condition in the resolution stating that the standard design of Stewart’s is not amenable to the surrounding neighborhood.
She further stated that that were not considering putting more retail in the project.
Supervisor Runion reviewed his concerns regarding the local law and that the original local law adopted in 1993 and amended in 1998 had more detail.
Ms. Bakner stated that except for #6 in the modification, all other provisions would remain the same.
Supervisor Runion stated that he would like to see a facility so that people would not have to drive.
Councilman Bosworth reiterated that the facility should reflect the style of the neighborhood and that the community should benefit as well as the developer. The Town Board is trying to get a project that everyone would be happy with.
Ms. Bakner stated that they had no objection to coming back to the Town Board.
Supervisor Runion read the Town Planning Board advisory opinion recommending the PUD local law revisions.
A referral was made to the Albany County Planning Board but no recommendation had as yet been received.
The Town Board had received a Full Environmental Assessment Form completed by the applicant, Peter Cornell.
MOTION #158 Councilman Bosworth moved to CLOSE THE PUBLIC HEARING ON A PROPOSED LOCAL LAW ON MODIFICATIONS TO MILL HILL PUD. 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
MOTION #159 Councilman Ricard moved that BASED ON THE COMPLETED FULL ENVIRONMENTAL ASSESSMENT FORM, THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. 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 stated that the re-zone is granted but the Town Board specifically does not approve of the typical Stewart’s architecture and allows the Zoning Board of Appeals and the Planning Board in their review to come up with an architectural design.
The board agreed to the modification of the PUD.
MOTION #160 Councilman Ricard moved to ADOPT LOCAL LAW #5 OF THE YEAR 2006 AMENDING LOCAL LAW #1 OF 1993 AND LOCAL LAW #6 0F 1998 STATING THAT THE RE-ZONE IS GRANTED BUT THE TOWN BOARD SPECIFICALLY FINDS THAT THE STANDARD DESIGN OF A STEWART’S BUILDING IS NOT AMENABLE TO THE SURROUNDING NEIGHBORHOODS, I.E. FLAT ROOF AND GAS ISLAND CANOPY. THE TOWN BOARD SPECIFICALLY REQUESTS THAT THE ZONING BOARD AND THE PLANNING BOARD IN THEIR REVIEW AND DISCRETION, CONDUCT AN ARCHITECTURAL REVIEW AND APPROVE AN ACCEPTABLE DESIGN FOR THE STEWART’S THAT IS CONSISTENT WITH, AND APPROPRIATE FOR THE SURROUNDING NEIGHBORHOOD. 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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AGENDA ITEMS:
MOTION #161 Councilman Bosworth moved to NAME WESTERN TURNPIKE ACCESS ROAD AS ARTHUR’S PLACE.
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
MOTION #162 Councilman Ricard moved to AUTHORIZE A TRANSFER OF $32,000 FROM WATER RESERVE ACCOUNT FOR REPLACEMENT OF GRANULATED ACTIVATED CARBON UNITS AT WATER TREATMENT PLANT. 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
MOTION #163 Councilwoman Slavick moved to AUTHORIZE “NO TRUCK”(EXCEPT FOR LOCAL DELIVERY ON PAULINE AVENUE), AS RECOMMENDED BY THE TRAFFIC SAFETY COMMITTEE. 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
MOTION #164 Councilwoman Slavick moved to AUTHORIZE A PEDESTRIAN CROSSWALK ON WORMER ROAD TO ACCOMMODATE PEDESTRIANS OF ALBANY COUNTRY CLUB CROSSING ROAD PER RECOMMENDATION OF THE TRAFFIC SAFETY COMMITTEE. 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
MOTION #165 Councilman Ricard moved to AUTHORIZE ACCEPTING SIDEWALK AND SEWER EASEMENT AT 3761 CARMAN ROAD. 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
MOTION #166 Councilman Ricard moved to TEMPORARILY APPOINT CORY NICHOLS TO PARAMEDIC SUPERVISOR TO FILL POSITION, WHICH IS VACANT DUE TO AN EMPLOYEE’S DISABILITY AND PROVISIONALLY APPOINT JASON YOURDON FROM PART TIME PARAMEDIC TO FULL TIME PARAMEDIC. 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
MOTION #167 Councilwoman Slavick moved to ADOPT A RESOLUTION THAT THE TOWN SUPERVISOR IS AUTHORIZED TO SEEK BIDS FOR THE INSTALLATION OF SIDEWALKS ON CARMAN ROAD BETWEEN LONE PINE ROAD AND COONS ROAD. 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
MOTION #168 Councilman Pastore moved to ACCEPT UTILITES AND ROADS WITHIN THE SADDLEBROOK SUBDIVISION PURSUANT TO LETTER OF TOWN DESIGNATED ENGINEER. 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
MOTION #169 Councilman Bosworth moved to ADJOURN THE JULY 20, 2006 TOWN BOARD MEETING AT 10:05 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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