REGULAR TOWN BOARD MEETING APRIL 6, 2010
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 accepting the minutes of the March 16, 2010 Town Board meeting.
MOTION #56 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE MARCH 16, 2010 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:
Dr. Don Reeb, Norwood Street, commented on the dockets section of the Altamont Enterprise.
He stated that the first 12 items had to do with shoplifting at Crossgates Mall.
He further stated that it was bothersome to him that our Police force and taxes were being used in this way. He stated that he felt Crossgates was not doing a good job of policing itself. They seem to expect good behaviour without any policing and to rely on the Town’s police force and court system to handle those guilty of shoplifting and other crimes.
PUBLIC HEARINGS:
7:30 PM – Request of Michaels Group to amend Local Law No. 1 of 1993, Mill Hill Subdivision to change residential units from 24 townhouses and 88 condos to 74 townhouses.
Town Clerk, Rosemary Centi, read the legal notice.
Donald Zee, Counsel to the Michael’s Group and John Michaels, Principle of the Michael’s Group presenting.
Mr. Michael’s stated that this proposal was for a 30% reduction in density of the project.
The target purchaser was for the “empty nester”. They were also asking for a club house of up to 2500 sq. feet.
Supervisor Runion stated that with the reduction in density he was concerned about the cost increasing.
Mr. Michaels stated that they had negotiated a fair price for the property which would help to keep the cost down. He stated that the cost would be about mid $200,000 to $280,000. He explained a number of areas that they were looking at to reduce the cost of the town home.
The HOA would be approximately $180.00 per month, which would include everything such as snow plowing and lawn care.
He further stated that they were asking for a maximum of 74 units.
MOTION #57 Councilwoman Slavick moved to CLOSE THE PUBLIC HEARING ON THE REQUEST OF THE MICHAEL’S GROUP. 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 |
Supervisor Runion stated that he wanted to table the vote on this until April 20th in order to have the Albany County Planning Board’s recommendation.
AGENDA ITEMS:
Item #1 on the agenda concerned setting a public hearing on a local law to amend the Zoning Law (Home Occupations and Mixed Use Development) as recommended by the Zoning Law Revision Committee.
Ken Brownell, Chairman of the Zoning Revision Committee, explained the proposal to the Board. He stated that they had presented, to the public, the revisions and were now ready for Town Board input.
He further stated that there was a consensus among committee members for the changes.
Councilman Redlich asked about the permit necessary for a Minor Home Occupation and why there was a need for the permit.
Mr. Brownell stated that it was a consensus of the committee to require the permit.
Supervisor Runion stated that this was a much more streamlined local law dealing with Home Occupations.
He stated that the Home Occupations were grouped in such a way as to make the government red tape much less.
What was being discussed was a Home Occupation that presently, under the current law, would still require a permit and in applying for the permit would have to get to the Planning Board for a Site Plan Review, the Zoning Board for a Special Use Permit that would require a public hearing, however, under the current law, all that would be required is a form certifying that your Home Occupation met a certain number of conditions and once filed, a permit would be issued without the necessity of a Site Plan Review of or a Special Use Permit.
Peter Barber, Chairman of the Zoning Board and member of the Zoning Review Committee, agreed and further stated that under the new law the two step process was eliminated.
For Home Occupations it would be one Board and one Board only and for Minor Home Occupations it would be a permit only. He further stated that to a large extent it was self policing.
What was trying to be avoided was the situation of neighbor versus neighbor. The property owner, the person who has the home occupation, would decide if they want to be a business.
There should be no external impact. It was a much more simplified process.
Councilman Redlich asked why a permit was required at all.
Mr. Barber stated that the permit would help to alleviate the Town being involved in a neighbor versus neighbor dispute.
Mr. Barber stated that there was nothing in the law where any enforcement action would be taken if you failed to get a permit for a Minor Home Occupation. It also provided a benefit for tax purposes.
The fee would be left up to the Town Board to establish.
Mr. Barber stated that it was up to the resident to decide if they wanted to be a business or a hobby.
Supervisor Runion stated that this law was no more burdensome than applying for a dog license. Every business is aware that they need to comply with certain things.
He stated that what this does for the building department is, when they get a call, it becomes a very simple process, they can check to see if there is a permit on file for the address and if there is, they can say to the caller that there is a permit on file and people accept that the business is allowed.
Councilman Redlich asked how the provision defined when it was a business or a hobby.
He also asked how Rodger Stone, Zone Code Enforcement Officer, would know when to send a letter.
Mr. Barber stated that it would be up to the individual whether he wanted a business or a hobby. It was self policing.
Further discussion was held regarding the permitting process.
Councilman Grimm stated that the issue was whether the activity bothers your neighbors. If you are not bothering your neighbor, you should be left alone.
He asked if someone is working from home on their computer, were they are required to get a permit?
Mr. Barber stated you would.
Councilman Grimm stated that if you met the requirements, you shouldn’t have to get a permit.
Mr. Brownell stated that it levelled the playing field between neighbors.
Councilman Grimm stated “That it was none of the Town’s business, if you are working from home on your computer and you are not bothering your neighbors, it is none of the Town’s business”.
He further stated that the Town does not have the right to move into someone’s home and require a permit.
Further discussion was held regarding the document.
Councilman Pastore asked if the issue that is of conflict an enforcement issue, a permit issue or the definition of Home Occupation.
Councilman Grimm stated that the germane issue was whether you were bothering your neighbor.
Councilman Pastore read the definition of “Home Occupation” and asked who should determine whether or not you are a home occupation and if you are in violation of the definition.
He further stated that if there is a dispute among neighbors, and it comes before the Zone Code Enforcement Officer, he is guided as to what he should do by the permit issued to the neighbor.
Supervisor Runion stated that the government would be protecting everyone’s interest.
He further stated that this simplifies the process one step further and states that you do not have to come in for a Special Use Permit, you would just have to come in and file a simple piece of paper with the building department and they would issue you a permit based on your certifications. This would protect you from your neighbor’s complaints, and it protects your neighbors from you conducting a business use outside the realm of the definition of Home Occupation.
Councilman Grimm stated that the protection is already provided in the conditions in the law and if the business owner complies with those conditions there is no neighborhood issue.
Dr. Don Reeb stated that if you have a case of a violation and you report it, this is trying to maintain the quality of the neighborhood. When the Town tries to enforce the law nothing happens. What the old law does not do is provide a means of enforcement.
He further stated that it is difficult to maintain the quality of life in a neighborhood without the enforcement of the zoning regulations which keep businesses out of residential neighborhoods.
MOTION #58 Councilman Redlich moved to REMOVE SUBPARAGRAPH 9 FROM THE SECTION ON MINOR HOME OCCUPATION, IN SECTION 3, SUBSECTION R, SUBSECTION B, PARAGRAPH 9 WHICH READS AS FOLLOWS: THE APPLICANT SUBMITS A COMPLETED APPLICATION FOR A MINOR HOME OCCUPATION PERMIT WHICH CERTIFIES COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND PAYS ANY PERMIT FEE REQUIRED BY THE TOWN BOARD. Councilman Grimm seconded the motion and it was defeated by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Opposed- “I think the law should go to a public hearing. I think that Peter and Ken explained why this paragraph is in here based on discussion of the whole committee and also with Rodger.” |
Councilman Pastore |
Opposed – “I am opposed to the motion and let me re-discuss the reasons. Under the current definition and description of Minor Home occupation it states that a Special Use Permit is not required for Home Occupation Use which meets each of the following conditions and it lists nine conditions. The ninth condition is that which is being requested by Councilmen Redlich and Grimm to be removed, which if removed, we not only are removing all opportunity and requirement for a Special Use Permit to be applied for but also now removing a completed application for a Minor Home Occupation Permit. I don’t think that is the way to go, I’d like that to be considered by
residents of the Town at a public hearing, so I am opposed to the motion.” |
Councilman Grimm |
Aye- “I am in favor of the motion. If you work from home on your computer, you should not be required to get a permit. There is overwhelming support for people who work from home on their computer for that. Taking out this requirement, it still leaves the conditions in place, if your bothering your neighbor there are ramifications. We are all for keeping the residential neighborhood intact. Everybody agrees with that. That is why the conditions are listed and they are: No physical change to the property, no non - resident employees, no signs in the yards, those kinds of things. We are in agreement that we want to keep the residential character of the
neighborhood. Where we disagree is whether or not someone who is not bothering anyone should be required to get a permit by the Town. I am convinced that home business owners feel overwhelmingly that they should not be required to get a permit and I support this motion.” |
Supervisor Runion |
“I am opposed to the motion. Our obligation as a Town Board is to protect the safety, welfare and general well being of everyone that resides in the Town whether it is businesses or the residential property owners within the Town. I think that requiring someone to come in and fill out a simple permit form, which is no more burdensome than applying for a building permit or applying for a dog license or filling out a ‘Doing Business As’ certificate with Albany County or filling out a form with the State Tax Department that you are going to be collecting sales tax, serves a dual purpose. It protects the business owner, who wants to have a home business in his home because it gives them a permit issued by the Town and protects them. At the same time, it protects the neighbors because now the neighbors know that there is a home business being conducted in the neighborhood because they probably had suspicions because of the traffic that is generated by the home business and also by the advertisement that is being conducted by the home business. It provides the neighbors with something, well I agree with Dr. Reeb that enforcement is a very difficult procedure or process, it does protect the neighbors with some sort of an enforcement process because if the conditions that the business owner has stipulated that they are complying with, are not being complied with, there is now an enforcement mechanism by the building department to
ensure that that home business does comply with those stipulations. So, for those reasons, I think this law does protect the residential homeowner and also the business owner that wants to conduct some sort of home business in his dwelling unit. There are other items in here in this Home Occupation Law that I may have some issues with but I think that the committee worked seven months on this law and I think they did a pretty good job of really simplifying the Home Occupation Law, which required every person who was conducting a home business, whether it was just simply working from a computer in your home or whether it was some sort of a retail business being run from your home and we have also had massage parlors in homes and things of that nature, it required every single business to come before the Town and get a Site Plan Review from the Planning Board and then to also go before the Zoning Board of Appeals to get a Special Use Permit, after a public hearing, in
which all of the neighborhood was notified and there were probably a lot of neighbors who didn’t know that a business was being conducted in the neighborhood. Once that notification goes out and it says that someone has applied for a Special Use Permit for a business in their neighborhood, in can generate a tremendous number of people who come before that Zoning Board to complain about that home business. This will ensure that that doesn’t happen. So I vote against the motion of Mr. Redlich”. |
MOTION #59 Councilman Pastore moved to SET A PUBLIC HEARING ON MAY 4TH, 2010 AT 7:30 PM ON A LOCAL LAW TO AMEND ZONING LAW (HOME OCCUPATIONS AND MIXED USE DEVELOPMENT) AS RECOMMENDED BY ZONING LAW REVISION COMMITTEE. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye – “ I am in favor of the public hearing”. |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
8:00 PM – Water District Extension 78 (Grant Hill Road)
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion explained that this extension is being paid for entirely by the developer. The subdivision will be known as “20 West”.
MOTION #60 Councilman Redlich moved to CLOSE THE PUBLIC HEARING ON WATER EXTENSION #78. 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 #61 Councilwoman Slavick moved to ADOPT THE SEQR RESOLUTION INDICATING THAT THIS IS AND UNLISTED ACTION AND THAT THE WATER EXTENSION WOULD NOT HAVE AN IMPACT. 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 #62 Councilwoman Slavick moved to ADOPT THE RESOLUTION APPROVING ESTABLISHING WATER DISTRICT EXTENSION #78 TO THE GUILDERLAND WATER DISTRICT IN THE TOWN OF GUILDERLAND, COUNTY OF ALBANY, STATE OF NEW YORK, PURSUANT TO ARTICLE 12 OF THE TOWN LAW OF THE STATE OF NEW YORK. 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 |
8:15 PM - Water District #77 (Mat Farms)
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion explained that this extension is being paid for entirely by the developer. The subdivision will be known as “20 West”.
MOTION #63 Councilman Redlich moved to CLOSE THE PUBLIC HEARING ON WATER EXTENSION #77. 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 #64 Councilman Pastore moved to ADOPT THE SEQR RESOLUTION INDICATING THAT THIS IS AN UNLISTED ACTION AND THAT THE WATER EXTENSION WOULD NOT HAVE AN IMPACT UPON THE ENVIRONMENT. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye – “I am a little hesitant, because I am concerned about traffic impact, although I don’t think that the water extension is necessarily the cause of the traffic impact. Given that it is sixty homes on 230 acres, I think that we have got to respect that, so I am in favor”. |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #65 Councilman Pastore moved to ADOPT THE RESOLUTION WITH ESCROW AGREEMENT APPROVING ESTABLISHING WATER DISTRICT EXTENSION #77 TO THE GUILDERLAND WATER DISTRICT IN THE TOWN OF GUILDERLAND, COUNTY OF ALBANY, STATE OF NEW YORK, PURSUANT TO ARTICLE 12 OF THE TOWN LAW OF THE STATE OF NEW YORK. Councilwoman Slavick seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye –stated,” I have concerns about traffic.” |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
MOTION #66 Councilwoman Slavick moved to SET A PUBLIC HEARING ON APRIL 20, 2010 AT 8:00 PM FOR WATER DISTRICT 79 (OSTRANDER ROAD) AND AUTHORIZING THE SUBMISSION OF THE JOINT APPLICATION FOR A PUBLIC WATER SUPPLY PERMIT TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. 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 #67 Councilwoman Slavick moved to APPROVE THE RE-APPOINTMENT OF DEBRA MURPHY TO THE BOARD OF ASSESSMENT AND REVIEW (5 YEAR TERM) PER RECOMMENDATION OF THE ASSESSOR. 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 |
MOTION #68 Councilman Redlich moved to AUTHORIZE THE DEPARTMENT OF WATER AND WASTEWATER MANAGEMENT TO GO TO BID FOR THE PURCHASE OF A PAVEMENT ROLLER. 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 #69 Councilman Redlich moved to APPROVE AWARDING BIDS FOR VARIOUS HIGHWAY DEPARTMENT ITEMS PER RECOMMENDATION OF THE SUPERINTENDENT OF HIGHWAYS. 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 #70 Councilwoman Slavick moved to WAIVE THE BUILDING PERMIT FEES ASSOCIATED WITH RE-CONSTRUCTION DUE TO FIRE AT 5816 GARDNER ROAD. 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 #7 on the agenda concerned whether the Town Board desires to set a public hearing on re-zoning request for 3423 Carman Road from Business Non-Retail Professional (BNRP) to Local Business (LB) to conduct a lawn care contracting business and nursery. Tabled until April 20, 2010 on request of applicant.
MOTION #71 Councilman Redlich moved to AUTHORIZE THE SUPERVISOR TO SIGN A COLLECTOR’S WARRANT IN THE AMOUNT OF $130,654.63. Councilwoman Slavick seconded the motion and it was carried by the following roll cal vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Item #9 on the agenda concerned setting a public hearing on draft storm management drainage district local law.
Councilman Redlich asked if every subdivision would have to pay a fee.
Supervisor Runion stated that as subdivisions come in, the Planning Board would determine if they would be required to create a drainage district by the Town Board.
He further explained that this would determine responsibility for drainage and how it would be paid for once the district is established.
Councilman Redlich asked if there was anything in the law that would prevent the Town from creating a drainage district in existing subdivisions.
He stated that if the subdivision came in and asked for a drainage district to be established, the Town Board could use the provisions of the law to establish a drainage district and to establish the fees.
He further stated that according to Section 202 of the Town Law, a petition would be required to establish a drainage district.
Supervisor Runion explained the two subdivisions that are looking for the drainage district law are creating a catch basin or retention pond and the idea is to clarify who would maintain the pond so that it would not lose its ability to retain water.
John Bossolini, representing a developer, stated that in asking for a re-zone on the parcel they were asked to address the drainage problem on the parcel, which they did.
He further stated the Homeowner’s Association could set a fee to include maintenance of these districts.
Supervisor Runion stated that it was also because of the Federal MS4 mandates regarding discharge into waterways and in order to meet the obligations under this mandate, Towns of a certain size are required to create some sort of maintenance programs for subdivisions.
If we fail to live up to our obligation relative to these mandates the Town could be fined substantially by the State.
He further stated that it is re-zone application and we would want to be sure that before we re-zone the parcel we have taken care of all of the issues and to insure that not all of the taxpayers are burdened with higher taxes because of a drainage problem in a particular area of Town.
Councilman Grimm stated that it should be left up to the Homeowners Association and if issues come up the drainage district could be imposed.
Supervisor Runion stated that at that point the Town would have to do the engineering reports and fix the drainage which would become the responsibility of the entire Town.
Councilwoman Slavick stated that this would be similar to the lighting districts within the Town.
Discussion was held regarding the verbiage of the draft local law.
MOTION #72 Councilwoman Slavick moved to SET A PUBLIC HEARING ON MAY 4, 2010 AT 8:00 PM ON A DRAFT STORM WATER MANAGEMENT DRAINAGE DISTRICT LOCAL LAW. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye – “I am in favor of having the hearing. I am not thrilled with this proposal; I don’t like the Federal government telling us what to do, I don’t like the burden this creates on developers, I don’t like the burden this creates on homeowners and property owners but I think we should certainly have a hearing on it.” |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye –“I am in favor of the hearing as well.” |
Supervisor Runion |
Aye |
MOTION #73 Councilwoman Slavick moved to ADJOURN THE APRIL 6TH, 2010 TOWN BOARD MEETING AT 9:31 PM. 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 |
Respectfully submitted,
Rosemary Centi
Town Clerk
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