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 September 20th, 2007 Town Board meeting.
MOTION #194 Councilman Bosworth moved to APPROVE THE MINUTES OF THE SEPTEMBER 20TH, 2007 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 -
Mark Grimm and Warren Redlich read letters before the Board.
AGENDA ITEMS:
MOTION #195 Councilman Bosworth moved to SET A PUBLIC HEARING FOR THE WATER AND SEWER ASSESSMENT ROLL PURSUANT TO SECTION 202 OF THE TOWN LAW ON OCTOBER 16, 2006 AT 8:00 PM. 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 #196 Councilman Bosworth moved to SET A PUBLIC HEARING FOR THE WATER AND SEWER ASSESSMENT ROLL PURSUANT TO SECTION 202(a) OF TOWN LAW ON OCTOBER 16, 2006 AT 8:15 PM. 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
Item # 3 on the agenda is to consider authorizing the Supervisor to sign a contract with the NYS Department of Transportation in connection with a $200,000 grant under the State Multi-Modal program. Supervisor Runion stated that the funds earmarked for this project are for drainage improvements along Western Avenue in the proximity of the site of the former McKownville Reservoir.
He further stated that the Multi-Modal grant was secured from Assemblyman John McEneny and there would be no Town match.
MOTION #197 Councilman Bosworth moved to AUTHORIZE THE SUPERVISOR TO SIGN A CONTRACT WITH THE NYS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH A $200,000 GRANT UNDER THE STATE MULTI-MODAL PROGRAM FOR DRAINAGE IMPROVEMENTS. 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 #198 Councilwoman Slavick moved to APPROVE TRANSFERS AS SUBMITTED BY TOWN COMPTROLLER, JEAN STERLING. 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
PUBLIC HEARING:
7:30 PM - Re-zone request at Ashford Drive from RO-40 to MR (Multiple Residence)
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion read the advisory opinion from the Town Planning Board. (P 72A)
He also read a recommendation from the Albany County Planning Board. (P 72B)
Arthur Kline - Ashford Drive, stated that he was not against the re-zone but questioned whether the proposed ingress and egress were in the best location. He further stated that he did not see any evidence of an additional road feeding in and out of Ashford Drive on any map.
John Szumigata - Ashford Drive, also did not have a problem with the re-zone but questioned the position of the proposed street. He further stated that Ashford Drive could not support any more traffic. He stated that there could be a better entry and exit without compromising their quality of life.
Dot Szumigata stated that she had an issue with the driveway and a concern for the safety of the children with the number of cars generated.
Tom Donovan- Malpass and Krause Road, stated that he had a concern with the run-off from Oxford Heights Apartments going to the land where the donated park is proposed.
He asked, "Where would the water go?"
Board members asked for a description of the pipe location for the water run-off.
Armand Quadrini, re-zone applicant, gave his presentation to the Board regarding the re-zone request.
Supervisor Runion reiterated the residents' concerns for Mr. Quadrini particularly their concern for the storm drainage line that empties into the proposed park area.
Mr. Quadrini stated that the re-zone request was for 3.2 acres in order to build 8 condominiums/townhouses.
Supervisor Runion questioned the design of the units.
He also asked for an explanation of the access road from Ashford Drive.
Mr. Quadrini stated that Ashford Drive is a town road and it would be approximately 75' westerly from the playground.
The buildings would be in front of the storm drain and would not interfere with that.
Supervisor Runion asked where the water would run off. He also asked how much of the proposed parkland donation is wetland and how much would be useable. He asked if Mr. Quadrini showed the Planning Board the map, which part of the land was to be donated to the Town, and the amount of wetland on the property to be donated.
Mr. Quadrini stated that the Planning Board did not have all of the information regarding the water on the property.
Councilman Bosworth asked about the pond and Mr. Quadrini stated that it was a seasonal pond.
Councilman Pastore stated that one of the resident's concerns was the access way and asked if there was another alternative ingress and egress.
Mr. Quadrini asked what the objections were.
Supervisor Runion stated there was a question of safety for residents and children and the effect on their quality of life.
Mr. Quadrini stated that the new buildings and the 11 homes on Ashford Drive would generate the only traffic.
There would not be any other traffic and that this was a perfect place for a driveway.
Supervisor Runion stated the Board's concerns for the wetlands.
Councilman Pastore asked, "Is the concern that the proposed means of ingress and egress off of Ashford Drive would create more traffic or just the traffic that would be created from the development of these units. It would not be a cut through? It's just going to be just those residing in these units?"
Mr. Quadrini stated that this was correct.
Supervisor Runion stated that there is a proposed park coming off of Johnston Road with the access to the park off of Johnston Road. This would be the rear portion of the park but there would be a walking path and a bike path from the neighborhood to the park.
Councilman Pastore asked if the proposed new driveway access from Ashford Drive would only accommodate the new eight units.
Mr. Quadrini stated that this was correct. He clarified that it was a two-width driveway for the eight units and dead-ended with no access by car to the park.
He also stated that it was approximately 300' from Mr. Kline's property.
Discussion was held regarding the width and distance of the driveway to residents' properties.
Mr. Kline asked about the proposed park.
Supervisor Runion stated that it could have a multi purpose field.
BBL was in the process of developing plans for some single-family homes there and would be providing access off of Johnston Road.
Tom Donovan stated that the "seasonal" pond is wet all year long and it is knee-deep wet.
He questioned the placement of the park and had a very real concern about the water.
He also stated that there were other residents there with the same concern.
Supervisor Runion stated that he would like to know what the makeup of the wet area is in comparison to the buildable area in the proposal.
He felt that the 2.7 acres that would be donated to the Town does not look like buildable land.
Councilman Pastore asked if the precise delineation of the wetlands would affect the merits of the re-zone request.
Supervisor Runion stated that the condition that went to the Planning Board stated that they would recommend the re-zone but they wanted a donation of 2.7 acres parkland and construction of a multi-use path.
If the 2.7 acres is wet, and the path cannot be constructed, then the Board would not be doing due diligence in recommending it.
Mr. Quadrini stated that there would not be any additional water at that site. It all came from Oxford Heights.
Supervisor Runion stated that he did not have enough information about the topography of the land to vote on the issue.
Councilman Ricard felt that a more detailed description of the property and the wetland was needed.
Councilman Bosworth asked for a report from Mr. Quadrini addressing the usability of the land in question.
The other Board members agreed and the matter was adjourned to November 8, 2007 at 8:00 PM with a continuation of the public hearing.
The Town Clerk would send out additional notices to the property owners designated on the map, and that at that time, Mr. Quadrini would come back with additional information on where the wetlands actually exist on the parcel.
The Board recommended that he also speak with neighbors regarding the placement of the driveway on the property.
MOTION #199 Councilman Bosworth moved to ADJOURN THE PUBLIC HEARING ON A REZONE REQUEST OF BRANDON QUADRINI UNTIL NOVEMBER 8, 2007 AT 8:00 PM . 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 #200 Councilman Bosworth moved to ADJOURN THE OCTOBER 2, 2007 TOWN BOARD MEETING AT 8:32 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, RMC
Guilderland Town Clerk
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