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
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Supervisor Runion welcomed everyone to the evening’s meeting and asked for a motion approving the minutes of the March 18, 2008 Town Board meeting.
MOTION #85 Councilwoman Slavick moved to APPROVE THE MINUTES OF THE MARCH 18, 2008 TOWN BOARD MEETING. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich abstained
Councilwoman Slavick Aye
Councilman Pastore Aye
Councilman Grimm Aye
Supervisor Runion Aye
PUBLIC COMMENT PERIOD: No public comment
Public Hearings:
7:30 PM – Section 8 Housing Choice Voucher Program
Town Clerk, Rosemary Centi, read the legal notice
Mr. James Mastrianni, presenting for Section 8 Housing Choice Voucher program, stated that there were no changes and offered the summary for the Plan.
(P 43A)
Mr. Mastrianni explained that the program has been available in the Town of Guilderland for a number of years. There is no Town funding involved only Federal monies. About 100 families could be helped. All would be Guilderland residents.
Board members asked questions regarding the program.
Supervisor Runion thanked Mr. Mastrianni for his clear summary and the good job that was being done in the Town.
All documents are available in the Town Clerk’s office.
MOTION #86 Councilman Redlich moved to ADOPT THE FOLLOWING RESOLUTION ADOPTING AN ANNUAL PLAN FOR 2008 FOR THE TOWN OF GUILDERLAND SECTION 8 HOUSING CHOICE VOUCHER PROGRAM:
WHEREAS, the Town of Guilderland operates a Section 8 Housing Choice Voucher Program funded by the U. S. Department of Housing and Urban Development, and
WHEREAS, the town of Guilderland is required by the U.S. Department of Housing and Urban Development to prepare and adopt a written Annual Plan that establishes local policies for administration of the Section 8 Housing Choice Voucher Program in accordance with regulations of the U.S. Department of Housing and Urban Development, and
WHEREAS, the town board of the Town of Guilderland has caused a written Annual Plan for 2008 to be prepared establishing local policies for administration of the Section 8 Housing Choice Voucher Program in accordance with regulations of the U.S. Department of housing and Urban Development, and has reviewed such written plan,
NOW THEREFORE, BE IT RESOLVED that the town board of the Town of Guilderland hereby adopts the Annual Plan for 2008 for operation of the Town of Guilderland Section 8 Housing Choice Voucher Program.
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
AGENDA ITEMS:
Item # 1 on the agenda concerned a Public Hearing request of Meyers, Dutchmen Acres, to re-zone 41.12 acres at 17 School Road from RA – 3 to Country Hamlet.
Supervisor Runion read comments from Town Planner, Jan Weston. (P 44A)
Chris Meyers, land surveyor employed by OJ Meyer and Son, presenting.
He stated that the concept design came to fruition after a number of meetings with the Town Planning Board and from concerns of area residents.
Mr. Meyer explained that they, in addition to developing the property in its boundaries, would be willing to upgrade the pump station equipment in the area, to connect the dead ended water main to the water main that was extended on Depot Road providing an additional 900’ of water main and they would be installing sidewalks extending to School Road.
The stub that was conveyed to the property would be deeded to all of the adjoiners on Nielsen Road.
Councilman Redlich asked about the Country Hamlet designation and target demographics.
MOTION #87 Councilman Redlich moved to SET A PUBLIC HEARING ON MAY 6, 2008 AT 7:30 PM ON REQUEST OF MEYERS, DUTCHMEN ACRES, TO RE-ZONE 41.12 ACRES AT 17 SCHOOL ROAD FROM RA-3 TO COUNTRY HAMLET. 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
8:00 PM – Re-zone request of Amedore homes, Inc. at 2969 West Old State Road from R-30 to Townhouse Dwelling (TH) and Business Non-Retail Professional (BNRP).
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion read comments from Town Planner, Jan Weston. (P 44A)
Mark Davis, engineer for the project, presenting. The units proposed would be luxury Townhomes, some with two car garages.
They range in size from 1700 square feet to 2100 square feet.
Supervisor Runion read a letter from the Lynnwood Reformed Church regarding their concern with storm drainage. (P 44B)
Angelo Serafini, Philomena Drive, stated his concern with the project. He produced documents detailing a drainage problem on the parcel and asked the Town Board to address the situation with a memo to the Zoning Board of Appeals and the Planning Board stating that whoever applies for a permit to develop the property must address the drainage problem.
He further stated that this developer does not feel that it is their responsibility. He asked that the Town Board ask the applicant to provide more information to the neighbors and to the various Town Boards before proceeding with the project.
Todd Gifford, Highway Superintendent, stated that there had always been problems with drainage and responded to the Town Board’s questions regarding the issue. He further stated that the Board needed to look at the situation.
Swales had been opened around the perimeter of the property and the inlet pipe needed to be enlarged from the site to about 300’from the site.
Supervisor Runion asked when the swales had been opened and if there was any flooding on Old State Road.
Mr. Gifford further stated that the developers needed to look at the situation. Pipe size was critical and the problem would become a Town problem if not addressed properly.
Carol Williams, Siver Road, stated that a resident had come to her with a concern that Amedore had not fulfilled his promise to allow for a road connection with Serafini Village on Western Avenue to their property so that seniors leaving Serafini Village could egress at the light and that before any other Amedore projects were accepted, this should be addressed.
She further stated that if the parcel on West Old State is re-zoned and the project is not completed, the zoning should revert to what it once was.
Councilman Redlich asked if this type of development was consistent with the Comprehensive Plan.
Ms. Williams stated that the Comprehensive Plan was a general plan to address development in Town.
She further stated that there were areas in Town that had a master plan for development, such as The Guilderland Hamlet Study, the McKownville Study, The Ft. Hunter Corridor Study etc. that have been done.
Supervisor Runion stated that he had spoken with Mr. Amedore and that the problem with the senior village on Western Avenue had been addressed and would be taken care of.
Paul Gleasman, W. Old State Road, reiterated the problem with drainage. He stated that trenches on the property had been filled in, further compounding the problem.
He provided pictures to the Board showing water on the property.
Councilman Grimm asked how long had the property had a water problem.
Councilman Pastore asked about the pictures provided by Mr. Serafini and when they were taken.
Philip Battolino, W. Old State Road, stated his concern with the drainage problem and asked that the Board take a closer look at the project.
He also expressed his concern with the increase in traffic.
Mark Davis stated that the applicant was aware of the problem with the drainage but in the event of a re-zone they would have to do a number of reports regarding drainage and traffic to present to the various town boards. He also stated that most of the buildings would be on the higher elevation.
Supervisor Runion said that the Town Board has to make an initial determination under SEQR that this re-zone would not have an impact on the environment and one of the questions on the short form concerned drainage or flooding problems.
He stated that in looking at the SEQR form, he had a problem with that issue and that he, in good conscience, could not approve it without getting some explanation for the drainage problem.
He also expressed a need for information regarding traffic patterns.
Councilman Redlich asked if this was considered spot zoning and stated his concern that this project might be considered such.
Mr. Davis stated it was a proposed transition between residential and commercial, which is typically where town homes ended up.
Councilman Redlich asked if the Comprehensive Plan addressed this particular area in a particular way.
Mr. Davis stated that about 15 years ago, they basically took anything over 5 acres and made it RO-30, which is why the lot in question was zoned such.
Supervisor Runion asked for more information concerning drainage and traffic.
Councilman Redlich asked to hear an opinion on why this should not be considered spot zoning.
Supervisor Runion asked that the item be tabled until more information was provided.
Councilman Pastore asked that they look at the comments by the Town Planner regarding the Army Corps. of Engineers’ wetland concerns.
Councilman Grimm advised Mr. Davis that he should talk to neighbors of the project and make them aware of their plans to address the drainage problems and prospects for their project would improve.
Public Hearing continued awaiting further information.
AGENDA ITEMS:
Item #2 concerned Findings of Fact on the Final Environmental Impact Statement of the Northeast Industrial Park. (NEIP).
Mr. Stephen Porter, representing the Northeast Industrial Park, asked the Town Board to adopt a series of statement of findings that was the end result of a lengthy environmental impact process that the applicant had been requested to do in order to look at the potential impacts of a full build out of the Park. It was the final step needed in order to complete the SEQR process.
The document would give information to all Town Boards and Town Agencies as to what the potential impact of various projects might be as it related to development and as to what the full build out might be.
The specific goal was to ask the Town, at a later date, to adopt a zoning change that would allow the NEIP to move forward with certain projects in a speedier fashion because all of the environmental issues would have been focused on.
Supervisor Runion stated that he had received a number of memos between the Town’s Chairman of the Planning Board and Clough, Harbour & Associates that the Findings of Fact needed some changing and the document does not reflect that.
Mr. Porter stated that those were specifics that would be addressed in the re-zone process.
Supervisor Runion stated that he disagreed and the comments should have been included in the findings statement.
He suggested that all of the documents should be integrated into a single findings statement.
Councilman Redlich asked questions regarding total acreage and square footage of operation.
He also asked about traffic and traffic flow.
Councilwoman Slavick expressed her concern that simply annexing the memos could result in the memos being lost.
Councilman Pastore stated that the memos bring out issues not necessarily germane to the findings. In fairness to the applicant, Councilman Pastore asked that the modifications to the findings be made and be available for review by the Board members before the next meeting.
Supervisor Runion stated that the Statement of Findings should reflect that certain issues would be addressed during the re-zone process.
The issue of the Findings of Fact on the Final Environmental Impact Statement of the Northeast Industrial Park - Tabled until April 15th, 2008.
MOTION #88 Councilman Redlich moved to AWARD THE HIGHWAY BIDS FOR CRUSHED GRAVEL, MANHOLE RISER RINGS AND COLD PLANING. Councilman Pastore 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
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Item #4 on the agenda concerned approving the Findings of Fact on the Final Environmental Impact Statement of the Glassworks Village Project.
Jim Schultz, attorney for the applicant, presenting. Mr. Schultz stated that the Notice of Completion was received with the understanding that the proposed findings would be presented to the Town Board and would be acted on.
Mr. Schultz stated that what they had was a completed document of findings and concerns made by the Town Board.
Councilman Redlich asked to go through his proposed revisions one by one and would point out what the applicant incorporated into the document and what was not.
Councilman Pastore asked if the applicant, in incorporating some of the changes proposed by Mr. Redlich, was in agreement with those changes and the in total disagreement with changes not incorporated in the document made by Councilman Redlich
Mr. Schultz stated yes, and that a lot of the changes that were recommended created more ambiguities that could lead someone to conclude that the Town did not take the necessary hard look at all of the potential impacts. He reiterated that these were the Town’s findings, not the applicant’s.
Mr. Schultz further stated that the document submitted reflected the documentation that the Town has looked at for the last two years and the feedback from key individuals within the Town.
Supervisor Runion asked that the Board finish the agenda before further discussion on the document was held.
MOTION #89 Councilman Redlich moved to APPROVE AWARDING THE BID FOR GRANULATED ACTIVATED CARBON TO CALGON CORPORATION. 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 #90 Councilman Redlich moved to APPROVE AUTHORIZING THE EXPENDITURE OF $20,000 FROM SURPLUS FUNDS BY THE DEPT. OF WATER AND WASTEWATER MANAGEMENT FOR A BETTERMENT IMPROVEMENT TO AN EXISTING SEWER LINE ALONG JOHNSTON ROAD. Councilman Pastore 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
Break: 9:55 PM
Returned: 10:05PM
After a lengthy discussion among Board members and Mr. Schultz regarding the document, with the traffic impact being considered a significant issue and discussed at length, there was agreement as to changes to be made and the final document to be adopted.
MOTION #91 Councilman Pastore moved to APPROVE THE FINDINGS OF FACT ON THE FINAL ENVIRONMENTAL IMPACT STATEMENT OF THE GLASSWORKS VILLAGE PROJECT. 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 #92 Councilman Redlich moved to ADJOURN THE TOWN BOARD MEETING OF APRIL 1, 2008 AT 11:57 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
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