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 Redlich
Councilwoman Slavick
Councilman Pastore Councilman Grimm
Supervisor Runion
ALSO PRESENT: Richard Sherwood, Town Attorney
***************************************************************************
Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion accepting the minutes of the September 16TH, 2008 Town Board meeting.
MOTION #188 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE SEPTEMBER 16th, 2008 TOWN BOARD MEETING. Councilman Pastore seconded the motion and it was carried by the following a roll call vote:
Councilman Redlich Abstained
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
PUBLIC COMMENT PERIOD: No public comment
AGENDA ITEMS:
MOTION #189 Councilman Redlich moved to SET A PUBLIC HEARING FOR THE WATER AND SEWER ASSESSMENT ROLL PURSUANT TO SECTION 202 OF THE TOWN LAW ON OCTOBER 21, 2008 AT 7:30 PM. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #190 Councilwoman Slavick moved to SET A PUBLIC HEARING FOR THE WATER AND SEWER ASSESSMENT ROLL PURSUANT TO SECTION 202(a) OF TOWN LAW ON OCTOBER 21, 2008 AT 7:45 PM. Councilman Redlich seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Item #3 on the agenda concerned setting a public hearing on a proposed local law establishing a Planned Unit Development for 57.55 acre parcel on the south side of U. S. Route 20 to be known as Glassworks Village.
James Shultz, attorney for the applicant, gave a brief overview of the history of the project.
He stated that the project has been on the table for well over 2 years and that the process that they have to go through at this point is to receive approval for the Planned Unit Development legislation.
On September 10, 2008, they had received preliminary site plan approval from the Town Planning Board, which is the first step before coming before the Town Board.
The plan is for the applicant to set forth the proposed law and receive public comments at a public hearing for this, input from the Town Board, from outside professionals and anyone else who would care to comment on the project and eventually they hoped to obtain approval for the actual local law.
At that point, the Town Board would approve it subject to the applicant obtaining final site plan approval from the Planning Board.
He further stated that one of the key points that they have is that they have broken down the commercial and residential sections into various development areas.
He continued with a description of the various sites.
The local law also provides for mitigation fees that was agreed to by the developer and with the Town and to provide for the development of the infrastructure in phases.
It has also been submitted to, among other people, the outside planning consultants that the Town had asked the applicant to retain, to look at this on behalf of the Town.
Behan & Associates have looked at it in conjunction with the Town Master Plan and with the Guilderland Hamlet Study and were very pleased with the proposal.
Supervisor Runion stated that it was his understanding that there was to be a phasing of the building on the site so that it would not be developed as all commercial or all residential at one time but a mix of the two.
Mr. Shultz stated that they had not specifically provided for that but that they would add it into the proposed local law.
Further discussion was held on this issue with the developer explaining that it could not get permits for further development unless certain benchmarks were made.
Supervisor Runion reiterated that he did not read the document in that way and asked to have that looked at. He referred to other PUD’s in Town that had not been completed according to the initial plan.
Councilman Redlich stated that he had spoken with the developers regarding this issue and asked that they not set the public hearing on a law that needs to be changed.
Mr. Shultz stated that the reason the developer was here, was to get Board feedback.
Councilman Redlich asked what the Town’s remedy would be if the developer stopped building for economic reasons.
Mr. Shultz stated that he could not be guaranteeing how they would address that issue.
Further discussion was held regarding the issue of changes in the economic conditions and how it would affect the project.
Daniel O’Brien, partner in Glassworks Village, explained the fundamentals behind this project relative to marketing and market studies.
He further stated that it would be market driven.
Councilwoman Slavick asked about the time frame and Mr. O’Brien stated that it would be between five and ten years to phase it out and would have approximately six phases.
Councilman Grimm stated that the Town had an interest in the project doing well. The best way to deal with market forces is to have a certain amount of flexibility so that they could move in that direction when the market forces occur. He further stated that it was not in the Town’s interest to throw more red tape at the project and that there was too much red tape in this process. He said, “Due diligence is one thing, which is appropriate and necessary, but I think we have got to be more reticent of the kind of red tape that we throw at developers.”
He further stated that the project would be a boon to the school district.
He asked if the modifications could be made.
Mr. Shultz stated that they could be made but that it would be very general.
Supervisor Runion asked if there could be some sort of schedule to allow for changes, should the market warrant it, through a resolution at the time.
He further stated that the benefit for the taxes wouldn’t be that great if we end up with a project that is all residential and no commercial or if we get a shift in the residential versus the commercial.
The commercial is what will bring in pure school tax for the school district.
He stated his concern that they would come in to rework the local law in the future to provide for more residential, which is what has happened in the past.
Councilwoman Slavick asked if the schedule could be looked at with the phasing.
Mr. Shultz stated that that was a possibility.
Councilman Redlich brought up the issue of the road behind the library and that it could possibly be made a one way.
Mr. Shultz stated that as part of the directive from the Planning Board the roadway would have to be two-way.
Mr. Shultz stated that there had been a full discussion at the Planning Board meeting regarding the need for it to be a two way.
Councilman Redlich asked about the Library opinion.
Further discussion was held regarding the data for the road.
Councilman Grimm stated that the Planning Board did not want to put into the resolution that it should be a one or two lane.
Mr. Shultz clarified that they had a directive from the Planning Board that specifically stated it should be a two-way road.
Discussion was held regarding mitigation fees with Councilman Redlich questioning why there should be a mitigation fee.
Councilman Pastore stated that mitigation fees are always contemplated regardless of the size of the development because it is implicitly understood that with any new development in Town there will be some effect with that development in the major areas and upon town services as listed in the proposed law.
Supervisor Runion asked for changes in the law regarding mitigation fees, to make it explicit that the mitigation fees were the result of impacts identified by SEQR review.
Modifications made would be to language regarding phasing with a balance between developing commercial and residential.
Councilman Redlich questioned the roadway behind the library and its specification.
Supervisor Runion stated that he would not want to overrule the Planning Board.
The site plan approval of the Planning Board becomes part of the local law.
Councilman Pastore asked if the developer could provide certain factors that are considered in determining the development of the project.
Mr. O’Brien stated that he could provide a letter to the Board, but he could not provide a formula for the timetable.
Councilman Pastore further suggested that it would be of some benefit to the applicant to rely on that letter, that basis, for a conclusion of the timetable.
Supervisor Runion asked Mr. Shultz about a document dated September 10th, 2008 from the Planning Board, which is a State Environmental Quality Review Statement of Findings.
In the document, the Planning Board had looked at the Final Environmental Impact Statement that the Town Board had adopted. The Planning Board basically certified and then adopted the Town Board’s findings.
However, the Planning Board had added to the document, the adverse impact with respect to the road between Winding Brook and Mercy Care Lane.
He further stated that the Planning Board would require additional mitigation, which was done as part of an additional SEQR review.
The document did not say that it should be a one-way or two-way road.
Mr. Shultz stated that while the question of the one-way or two-way road wasn’t part of the SEQR, it was part of the resolution passed by the Planning Board and he had a letter from the Town Planner, Jan Weston, dated September 18, 2008, to confirm the approval, which also indicated that it was to be a two-way road.
He further stated that the issue would have to be addressed specifically if the determination were to be overturned.
He also stated that when the FEIS was adopted, it had to be amended because the road had been deleted.
If the road were to be included, the FEIS would have to be amended again with the resolution.
Carol Williams, Siver Road, asked about the road and whether it would be discussed at the public hearing.
She stated the library’s position was that there should be a road but they would like to see a walking path between where the paper road is. They would like the Board to look at developing the back road further behind the library.
Supervisor Runion stated that the Town had had numerous discussions about Mercy Care Lane for a number of years with the library, and it was always intended to be a private roadway. The developers that developed along the roadway developed it as a private roadway.
About six years ago estimates for the cost of upgrading that road at that time was somewhere between $250,000.00 and $350,000.00 to bring it up to Town specifications. The Town does not have the resources to do so.
He further stated that at that point in time, the Town had indicated to the Library, Mercy Care and SPARC and some of the other developers along that roadway that they should come up with a plan to upgrade that road to Town specifications and eventually turn it over to the Town with the Town not contributing towards any cost of that roadway.
He stated that there could be a ten-year wait for that roadway to be developed and questioned the convenience of using that road.
He stated that if the Library, who was asked six years ago, could demonstrate to the Town Board, along with the other mentioned entities, bringing that road up to Town specifications he would be willing to hear it. He also wanted to make everyone aware that about a year after he became Supervisor, he received a letter from a Library trustee indicating that they wanted the road developed. They were accusing the Town of an unsafe condition. The Town was trying to alleviate what the Library had identified as an unsafe condition.
He also stated there had been some comments about the “Garden” facility. When he became Supervisor in 2000 he had advised the Library at a meeting about a year later, when several trustees had come in, what the Town’s intentions were regarding the paper street.
At that point in time, the “Garden” facility had not been constructed. He advised the Library trustees that the paper street was there and that the Town did have the intention, at some point in time, to get that paper street developed. He was also under the impression that the trustees came in looking for some advice as to what the Town’s purpose was for that paper street. It was made very clear that the Library was looking for the Town possibly giving up the paper street and for the Library to use a portion of it for possible development or whatever.
The Library was made well aware before the “Garden” was constructed that it was the intention to use that paper street as a safer means of ingress and egress from Western Avenue to a traffic light.
They were also made aware by DOT that a second traffic light at Mercy Care Lane and Route 20 be would not approved because two traffic lights that close together are not permitted.
The developers of Glassworks Village had also been asked to look at the possibility of a second light with DOT.
He stated that there shouldn’t be any misunderstanding that the Town’s intent has been, for a long period of time, to construct a road on that paper street.
There have been a number of meetings, conversations, and letters that have gone back and forth between the Town and the Library concerning the paper street and the street from Western Avenue to the YMCA.
He further stated that there were a lot of issues and everyone takes a risk.
Building the “Garden” was a risk that the Library took.
To ask that the Town contribute money to construct a different road way is placing an unfair burden on the Town.
Carol Williams asked if having the developers contribute to the development of the other road could be an option.
Supervisor Runion stated that it had always been an option and the Town would consider it, but since it was an identified safety issue, they should not have to wait ten years for a future development.
Discussion continued on the cost of the road.
Supervisor Runion stated that the Town was looking for a solution to what has been identified as a serious safety issue there. The Town has two options, an option behind the Library, which the Planning Board has identified as the most expeditious, at this point in time, or we have the other roadway that may or may not be developed at some point in the future.
Carol Williams clarified that the Library was concerned about the safety issue.
Addition questions were raised concerning the payment of mitigation fees, i.e. whether placed in a separate account in the General Fund.
The mitigation fee was to be placed in a separate account that can be tracked and not into the General Fund.
Fees for water and sewer were also to be paid, in addition to the mitigation fee.
Supervisor Runion thanked Carol Williams for her comments and concerns.
MOTION #191 Councilman Grimm moved to SET A PUBLIC HEARING ON OCTOBER 21, 2008 AT 8:00 PM FOR A LOCAL LAW ESTABLISHING A PLANNED UNIT DEVELOPMENT FOR 57.55 ACRE PARCEL ON THE SOUTH SIDE OF U.S. ROUTE 20 TO BE KNOWN AS GLASSWORKS VILLAGE. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Supervisor Runion clarified that the original water bills for this collection had been sent out with amounts in error due to a computer programming glitch. New bills were mailed.
MOTION #192 Councilman Pastore moved to APPROVE THE COLLECTOR’S WARRANT FOR GUILDERLAND WATER DISTRICT IN THE AMOUNT OF $141,034.08. Councilman Redlich seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
MOTION #193 Councilman Redlich moved to ADJOURN THE OCTOBER 7, 2008 TOWN BOARD MEETING AT 8:55 PM. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich Aye
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
Respectfully submitted,
Rosemary Centi, RMC
Town Clerk
| 
