REGULAR TOWN BOARD MEETING MAY 18, 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 May 4th, 2010 Town Board meeting.
MOTION #95 Councilwoman Slavick moved to ACCEPT THE MINUTES OF THE MAY 4TH, 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 |
Abstained |
Public Comment Period: No public comment
PUBLIC HEARINGS:
7:30 PM – Water District Extension # 74 (Woodsfield Estates)
Town Clerk, Rosemary Centi, read the legal notice
Supervisor Runion stated that the subdivision was located on East Lydius Street and the developer would be paying for the extension.
Don Zee, attorney for the applicant, presenting. Mr. Zee offered an overview of the project. He stated that the subdivision was subjected to a full environmental impact statement and it was adopted by the Town Planning Board. Also, approximately *100 acres of land had been donated to the Town.
*This acreage has subsequently been turned over to the Albany Pine Bush Commission for protection.
Councilman Redlich asked if the Town Board did not approve this subdivision what would happen.
Mr. Zee stated that an Article 78 would commence because all of the water lines and sewer lines and infrastructure are in place.
MOTION #96 Councilman Redlich moved to CLOSE THE 7:30 PM PUBLIC HEARING ON WATER DISTRICT EXTENSION #74, WOODSFIELD ESTATES. 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 #97 Councilwoman Slavick moved to ADOPT A RESOLUTION ESTABLISHING EXTENSION #74 TO THE GUILDERLAND WATER DISTRICT. Councilman Pastore seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye - said, “I don’t love the development because I am concerned about traffic but as far down the road as we have come, as far down the road as the developer has gone, and given that we have taken land and dedicated it to the Pine Bush, I don’t see how I can oppose it at this point, so I vote in favor.” |
Councilwoman Slavick |
Aye |
Councilman Pastore |
Aye |
Councilman Grimm |
Aye |
Supervisor Runion |
Aye |
Councilman Pastore noted a correction on page two of the resolution.
Supervisor Runion asked all those in favor of amending the resolution to correct the typographical error on the resolution.
Unanimously carried
AGENDA ITEMS:
Item # 1 on the agenda concerned the establishment of Water District Extension #78 (Grant Hill Road)
Councilwoman Slavick reminded the Board that a public hearing had already been held.
Supervisor Runion stated that this was the final order.
MOTION #98 Councilwoman Slavick moved to AUTHORIZE THE ESTABLISHMENT OF WATER DISTRICT #78. (Grant Hill 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 #2 on the agenda concerned establishing a school speed limit on Presidential Way pursuant to the recommendation of the Traffic Safety Committee.
Supervisor Runion read a memo from Captain Curtis Cox, Chair of the Committee, indicating that the Committee was recommending the school speed limit.
It stated that he had consulted with the neighborhood association as well as the Guilderland Central School District and they had all agreed and endorsed the request to adopt the 20 MPH speed limit.
Councilwoman Slavick stated that the Presidential Neighborhood Association had come to a meeting over a year ago with their concerns. She mentioned some measures that were outlined in the letter to the School Superintendent.
David Freeman thanked Captain Cox and stated that the major item looked at was the speeding factor. He also expressed his appreciation with making this a school speed zone.
MOTION #99 Councilwoman Slavick moved to ESTABLISH A 20 MPH SCHOOL SPEED LIMIT ON PRESIDENTIAL WAY FROM STATE ROUTE 155 TO A POINT AT THE END OF THE SCHOOL DISTRICT PROPERTY ADJACENT TO LINCOLN DRIVE AND THE SCHOOL SPEED LIMIT WOULD BE IN EFFECT FROM 7:00 AM TO 5:00 PM ON SCHOOL DAYS. 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 |
Item #3 on the agenda concerned a request of the Michael’s Group to amend local law # 1 of 1993, Mill Hill Subdivision, to change residential units from 24 townhouses and 88 condos to 74 townhouses.
Supervisor Runion explained that a prior public hearing was held.
He read the Albany County Planning Board’s recommendation. (P. 76A)
Their recommendation was to defer to local consideration and to send the new site plan to their board.
Donald Zee, attorney for the applicant and Luke Michaels of the Michaels Group were present.
Supervisor Runion stated that he had concerns with the affordability of the housing of the project for the Town’s senior population.
He asked what the price range was for the project and that this was the fourth request for a modification of the project.
Mr. Luke Michaels stated that the housing cost ranged from $230,000.00 - $270,000.00.
He explained that this would call for a reduction in density and that the town homes were easier to obtain financing for.
Supervisor Runion stated that based on conversations that he had with a number of senior this price range was not affordable.
He further stated that because Brandle Meadows were condos, they got a more favorable tax assessment than a single family home or a town home.
The average sales price in this development was $265,000.00 and the assessed value of the units was $102,800.00 and that was because condominiums were treated differently for assessment purposes. Instead of being assessed based on sales information, they were based on an income approach. They were considered to be apartments.
If they had been assessed as single family homes or town homes they would have a total tax bill of $6,900.00 combined.
Currently, the approximate tax bill is about $2,700.
The total tax bill on condominiums would be 40% of what a single family home would pay and the difference in the tax structure made a difference in affordability.
Though there is a decrease in the number of units in the request, there is a larger tax burden on the senior.
The intent of past Town Boards with regard to this project was to look for affordable housing stock for the senior population in Town.
He further stated that they had an obligation to protect the senior population.
He stated that he had a problem with this modification.
Councilman Redlich asked if they did not make the change would the Michaels Group build the project and Mr. Michaels stated that they would not.
He further stated that they would not get the financing for condos and this project was an easier build out.
Councilwoman Slavick asked about fees.
Mr. Zee gave a detailed overview of the benefits of the request change and how both projects were financed.
He further stated that if more affordable senior housing were to be had, there would have to be discussion with regard to density, with infrastructure and going through the approval process, looking at certain things that were asked for during this process. These would all have to go in with the price of the land.
Supervisor Runion stated that affordability is a blend between the cost of the home and the taxes which is an ongoing obligation for the homeowner. We have two forms of ownership items approved for seniors.
The condominiums at Brandle Meadows have affordability because some of the burden from the increase in cost was alleviated because the taxes for condominiums are so much lower.
He further stated that if costs continue to rise, we may have a cost leader of $350,000.00 or more and what assurances would a senior have that these are affordable except for the taxes. He stated that “I am looking for this blend of cost of the unit and cost of the ongoing taxes and maintenance.”
Councilman Pastore asked if they would consider a blend of both town home and condominiums.
Mr. Zee stated that the developer would not do any condominiums in the project.
Councilman Grimm asked if the condo purchases be “means” tested?
He stated that building a lot of condos would not be fair to everyone else. We are not asking how much money they have and we are providing them with a tax break.
Supervisor Runion stated that the condos were for seniors and no developer would add an income restriction.
These projects would not produce children.
Councilman Grimm stated that a single mom with three children would not be getting a tax break and all of the other homes in town would be picking up the tax break.
Supervisor Runion stated that if you follow this to a logical conclusion, it would amount to having a community of homeowners that have children and we would not have any seniors living within our population because housing would not be affordable.
He further stated that you could pass the means test if you have a family with multiple children but if you are a single senior who wants to live in a condominium there would be nothing for you in the Town of Guilderland.
Councilman Grimm responded, “No, that is not the logical conclusion.” He further stated that that the issue is “who pays”, and if you are giving a substantial tax break to people who are buying condos you are shifting the taxes to people who are living in single family homes and town homes and some of those people are single moms with children.
Councilwoman Slavick asked if the $270,000.00 price could increase.
Mr. Michaels stated that they had done their due diligence and sell it at the same price at this time next year.
Mr. Zee stated that when you have a subdivision, the Town has to maintain the roads.
The roads in this project are privately owned and would be maintained by the Association which would be a benefit to the Town.
Supervisor Runion stated that the seniors moving into the town homes would be picking up a larger burden than if they moved into a single family development because they would be paying the maintenance fees for roads, snow removal, and leaf removal which they will be paying taxes towards and not receiving the benefit of.
He also stated that with other town home developments the Town gets the phone calls when the roads are not being maintained.
He further stated it was the senior population that they were looking to accommodate with less costly housing.
He stated that he liked the concept of a reduction in the number of units but not the idea of imposing the additional costs and burdens on our senior population for whom we created these three districts to help.
He said, “If we are going to be placing the full tax burden on the residents that reside in this community and we are not going to be providing them with Town benefits, public roads, and public infrastructure, maybe we should be re-examining this whole project rather than just doing a piecemeal approach of just looking at the types of units or the types of facilities that are going into this project. We are creating a project that is more expensive, not less expensive for our seniors to live in.”
Mr. Zee stated that his client’s opinion that condominiums are not a saleable item at this location and at this point in time.
He explained what the developer planned to do with the project.
Councilman Redlich stated that the developer was asking to reduce the density and it was the right thing and he supported the developer for trying.
Supervisor Runion asked if the developer would be willing to make the project a regular subdivision with public roads and re-zone it to Town House District or would they walk away from the project if the change were not made.
Mr. Michaels stated that they would walk away from the project.
Mr. Zee gave a number of items that would have to be addressed regarding making a change and that their contract contingencies on certain items expired on May 20th, 2010.
Supervisor Runion stated that he did not see any potential benefit to the homeowner for having to take on the additional burdens without the tax benefit.
He further stated that we could be held up by a number of developers if they all came in and said that we cannot abide by the approvals, I am going to walk away. The landowner had agreed to the conditions that had been imposed under this local law.
They agreed to those conditions and it would be up to the landowner to discuss this PUD and how it is going to move forward.
Mr. Zee stated that no comments or complaints were made by the community regarding the type of housing, age restriction or the price point of the development.
Councilman Redlich stated that at the public hearing, Board members as a whole were positive about this change.
Councilman Pastore asked if the population that owned condo units versus town homes were older or younger.
Mr. Zee stated that whether condos were age restricted or not, after two or three years, they generally became senior citizen developments.
Councilman Pastore asked about the number of condo units and town homes within a project.
He asked if it would be possible to consider this project from a rezone to Town House versus PUD.
Mr. Zee stated that he had no authority.
Mr. Michaels stated that it was not their decision or our place to get it rezoned. It would be up to the property owner.
Councilman Redlich stated that if this gets voted down, the property owner could come in for the re-zone request.
Councilwoman Slavick asked if they went from PUD to Town House would the fees decrease.
Mr. Michaels stated that the fees would be decreased for snow removal only.
MOTION #101 Councilman Redlich moved THAT THE ADOPTION OF THIS LOCAL LAW #2 OF 2010 WOULD NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT. Councilman Grimm 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 #102 Councilman Redlich moved to APPROVE THE REQUEST TO AMEND LOCAL LAW #1 OF 1993 TO CHANGE THE RESIDENTIAL UNITS FROM 24 TOWNHOUSES AND 88 CONDOS TO 74 TOWNHOUSES AS WE DISCUSSED AT THE PUBLIC HEARING ON APRIL 6, 2010. Councilman Grimm seconded the motion and it was carried by the following roll call vote:
Councilman Redlich |
Aye |
Councilwoman Slavick |
Aye– “Well, I am in favor, I understand that town houses will create more taxes for the homeowner to pay but, however, residents do want to stay in Guilderland and this will give them the opportunity for somewhere to go when they sell their houses.” |
Councilman Pastore |
Aye– “I think a lot of good points have been raised, both out of a sense of concern for the project as well as those that speak well to the benefits of the project. I am particularly impressed with our Town Planner’s memo dating back to March 6th, 2010, where she describes her lack of objection to the amendment as it eliminates the condos and it lowers the overall density. This project has or the proposals for this project have been languishing for several years. I personally would like to have seen a compromise of a mixed use of town homes and condos or at least keep an open mind toward that approach. We went from 24 townhouses proposed in 1993 and 208 multi- unit dwellings
down to 24 townhouses and 88 condos to now, the complete elimination of all condos. The developer’s assurance that the proposed units are one level, I think that is conducive to seniors and their lifestyle. I am going to vote in favor of the amendment.” |
Councilman Grimm |
Aye– “I am in favor. This is clearly an improvement. We have reduced the number of units, so that has obviously ramifications, less traffic. They are town homes and it is a legitimate concern in how our seniors downsize, they want to downsize, and they want to stay in Guilderland and this will provide 74 more town homes where they can downsize from their home and at the same time it doesn’t place at a disadvantage other taxpayers in Guilderland because the town homes will pay the full property and school tax on their assessed value and for those reasons I think it is the sensible thing to do and I vote in favor.” |
Supervisor Runion |
Opposed – “I am going to vote in opposition and I am voting in opposition because I feel that this project was originally designed as a senior complex to provide affordability to seniors who were looking to downsize, move in to town or possibly to bring in some of their loved ones to live close by to their children and grandchildren. What we are doing here, in effect, is creating a senior project which is going to cost the senior more to live in when we look at the maintenance cost, the cost of the unit and cost of taxes then a similarly situated senior who lives in a non-senior residential community. So, basically, what we have done is we have started out with a project which was
supposed to be a senior project, create some affordability for our seniors to move in to Town or to remain in Town and we have created, now, a senior project which costs more for a senior to move into because now they are going to be paying for snow plowing that would be normally provided through Town services yet they are going to continue to pay the taxes that everyone else in Town pays for that snow plowing and snow removal. They are going to be paying for leaf collection and brush collection and things that a typical senior that lived in any other type of subdivision within the Town of Guilderland would not have to pay for because it would come out of their taxes. They will still be obligated to pay the same amount of taxes as if they had lived in a non-senior type living structure. I think we have done exactly the opposite of what the intent was in 1993, and what the intent that we had followed from1993 forward to try to create liveable, affordable, senior housing projects in
the Town of Guilderland. There has been some discussion regarding Glass Works Village and in Glass Works Village we had the same analysis of the tax consequences and maintenance costs, the similar things that we have discussed here. We had a developer who was willing to work with the Town, who set aside a certain number, a percentage of residential units, 25%, I believe, was the number because those units would become more affordable for our senior population to live in and to move into. We’ve done just the opposite here. We’ve created a less affordable project for our senior residents and for that reason I am voting no.” |
8:00 PM Public Hearing:
Easement request of Hamilton Union Church
Town Clerk, Rosemary Centi, read the legal notice.
Supervisor Runion stated that this was a request for an easement over a property known as the Schoolcraft House. He further stated that at the last meeting, it had been discussed that in the mid 90’s a promise was made by a former Board that the Hamilton Union Church would have an easement for parking and for access to their Church parking lot through the Schoolcraft House property. For some reason, that promise was never reduced to some form of resolution by the Town Board and they were going to fulfill their obligation.
Jane Springer, Hiram Eberlein, and Wayne Goodnow, Church members, all spoke regarding this issue and the advantages to both the Church and the Schoolcraft House.
MOTION #103 Councilman Pastore moved to CLOSE THE 8:00 PM PUBLIC HEARING ON THE EASEMENT REQUEST OF HAMILTON UNION CHURCH. 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 |
Supervisor Runion stated that he had prepared a short environmental impact statement and all questions were answered in the negative.
MOTION #104 Councilwoman Slavick moved that GRANTING AN EASEMENT BY THE TOWN WOULD NOT CAUSE A SIGNIFICANT IMPACT UPON THE ENVIRONMENT. 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 #105 Councilman Pastore moved to GRANT THE EASEMENT REQUEST OF HAMILTON UNION CHURCH FOR INGRESS AND EGRESS AND NON -EXCLUSIVE USE OF THE PARKING FACILITIES AT THE SCHOOLCRAFT HOUSE. 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 |
PRESENTATION:
Barton & Logiudice, P.c. of traffic feasibility study for Dr. Shaw Road.
Documents available in the Town Clerk’s office.
MOTION #106 Councilwoman Slavick moved to ADJOURN THE MAY 18, 2010 TOWN BOARD MEETING AT 10:04 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 |
Respectfully submitted,
Rosemary Centi
Town Clerk
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