Minutes of meeting held Guilderland Town Hall, Route 20, Guilderland, NY 12084 at 7:30 P.M.
PRESENT: Stephen Feeney, Chairman
Paul Caputo
Michael Cleary
James Cohen
Thomas Robert
Theresa Coburn
Jan Weston, Planning Administrator
Linda Clark, Counsel
ABSENT:
Chairman Feeney called the meeting to order at 7:30 p.m. He noted the exits for the sake of the audience in the event they were needed.
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MATTER OF VALEK - 3547 E. Lydius Street
Chairman Feeney announced that this was a concept presentation of a proposed 2 lot subdivision of .68 acres. Zoned R-15. Gerald Valek presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Valek - 3547 E Lydius Street
This is a concept presentation to cut a building lot off an existing home site. The lot is on the north side of Lydius Street, just east of Siver Road. The parcel is generally flat with some minor residential vegetation. I have the following comments:
- Two variances will be required to complete this request: each lot is12 sq. ft. short of the required 15,000 sq. ft. requirement for this R-15 district; and the existing house will be just shy of the required 15 ft. side setback from the new interior property line.
- This area is not served by public water or sewer. The applicant has shown the neighboring wells and septic and it appears that adequate separation for the new house can be achieved. This will of course have to be approved by the Health Department.
- There is a significant rise in the elevation of Lydius Street just east of this proposal. The location of the new curb cut should be reviewed by the Highway Superintendent to optimize sight distance.
No objection to concept approval although the applicant will have to receive the necessary variances to be able to apply for final subdivision approval.
Chairman Feeney noted for the record one letter from Robert Tracy, date August 16, 2005, in regards to several issues that he has. (On File)
Mr. Blackstone, Blackstone Land Surveyors, presenting: What we have is a parcel of land, 200 ft. wide and 150 ft. deep on Lydius Street. It is not perpendicular to the road exactly, and the square footage is a little less than the required 30,000 sq. ft. to meet the R-15 minimum.
We have met on site two different times with the Albany County Health Department to perform soil test and revisited the site to identify the location of the proposed wells. They were satisfied with their initial concerns and will need to submit final septic systems design to them. The soil conditions are ideal for septic and the feedback that we have from them is one of limited concerns at this point. The only possibility that they are exploring, would be the installation of some clay berm below the grade of the proposed septic systems, and to make certain that any runoff below the surface level, would be oriented in a direction away from the neighboring wells.
The area is occupied by houses that were built clearly before the separation distance between a well and septic system was increased to 100 ft. So there are situations in the direct vicinity of this property, and I am sure that the valid existing septic system is one of them where the 100ft. separation does not exist at this point in time. But clearly, with the upgrade of the separation distances to the 100 ft., we will be proposing to install a new septic system for the existing valid residences, as well as for the proposed house, that will meet the guidelines that are currently in effect.
The only other additional aspect to this application is the width of Lydius Street being 99 ft. wide. All the houses and lots were not necessarily position with full knowledge of the location of the center line of Lydius Street. What we have is valid residents that set back less than the minimum. Whenever the house was constructed, the builder and the surveyor, were not aware of Lydius Street being 99 ft. wide. That problem arises at this particular situation, as it has many times in the past up and down Lydius Street.
Beyond that, the application is pretty straight forward. Other than the proposed division line to cut this parcel in half, runs and leaves 13.7 ft. sideyard setback for the existing residence. The assessment of the possibility of eliminating a need for a variance
of the 1.3 ft. for the sideyard setback, we decided to apply for a sideyard variance.
Chairman asked Ms. Weston: This is a sideyard setback in a small lot area?
Ms. Weston said yes. They are 12 sq. ft. off on each lot and it will be a little over a foot off on the side setback.
Chairman asked if you have met at the site with the Albany County Health Department?
Mr. Blackstone said yes we did.
Chairman added: The letter from Mr. Tracy has raised a couple of concerns. One concern was with the existing system on the proposed new lot.
Mr. Blackstone explained: That is why there is a proposed new system for the Valek's property. It would have complicated and could be added to the map if needed. It has the same setback as the front of the house where the new lot is creating a separating distance from the Valek's well, significantly less than 100 ft.. Also, situating in a manner that leaves no option but to put in a new system in to accommodate construction on the vacant lot.
Chairman wanted to know what the Health Department has said.
Mr. Blackstone stated: We would have to remove the tank and the distribution box will no longer be hooked up to anything. The septic tank would have to be relocated.
There will be a replacement system and a new system that will require a professional engineer to do it and it will be a conventional system.
Chairman asked for any more comments from the Board.
Terry Coburn asked about the 100 ft. setback between the well and the septic system and if you discussed with the Health Department the regulations regarding the new well and the old system..
Mr. Blackstone explained: The setbacks for the systems were different years ago than the new regulations now. We did discuss with the Health department the regulations for the new well and the old system which will not be of any use anymore.
Chairman stated: Have you done the topo?
Mr. Blackstone explained: We have done spot shots and will upgrade it to contours if need be.
Terry Coburn asked about the water table.
Mr. Blackstone explained: The water table is about 25-ft.to 30 ft. deep.
Chairman asked for any comments from the audience.
Robert Tracy, 3551 Lydius Street, property east of the proposed subdivision. My father and mother previously owned the property at 3547 Lydius St. The Blackstone Land Surveyors show the front property line as being 18.4' from the closet corner of the house.
I have the original survey done in 1965, showing the same corner of the house 52.4' from the front property line. Mr. Blackstone current survey shows the front property line as being 18.4' from the closest corner of the house.
My property line sets back 49 1/2 ft. from the centerline of the road, part of the 99ft. right-of-way and currently they are showing the proposed subdivision property line as the same as mine. I don't think that this is correct.
I gave a copy of the property description to the Board showing how they originally surveyed it. Also, there is a copy of my property description mentioning the 49' ft. right-of-way to the center of the road. Other than that, one of the problems is the site plan. The site setback of 13 1/2ft. does not take into consideration the bilco door.
The proposed well for the proposed house is right where the existing leach field is.
Mr. Tracy mentioned that the other letter we sent to Mr., Valek was in regards to that the previous owners buried all the tree stumps and limbs in the area where the proposed house will be. The stumps are settling there now and I don't believe that footings could be poured over the stumps.
Chairman stated: Once again there is a survey issue and we will try to get to the bottom of it.
Mr. Tracy stated: My property lines are accurate and theirs are not accurate.
Mr. Blackstone explained: The survey for the Valek's property was provided by Russell Pulner, and he identifies his opinion on the right-of-way line on Lydius Street. Some surveyors are unaware of the right-of-way location of Lydius Street and it appears that the survey done for Valek property would show the 52' ft. would have been a dimension created by losing a 49 1/2ft. wide road.
The deed for the Tracy's as identified, calls for the property line for the right-of-way to be 49 1/2 ft. from the center of the right-of-way. The deed for theValek's property does not specifically define it as Tracy's deed does. The surveyor while drawing up the papers for the Tracy's parcel was aware of the right-of-way issue. Mr. Pulner and whoever else that was involved in it, were not aware of it.
The alignment of the right-of-way is one straight line and there is no jog. It is just whether or not that you know that the right-of-way width is 99 ft.
The original survey was done in 1950 of the Valek property.
Chairman stated: This would not impact the subdivision.
Mr. Blackstone explained: The only real way that this would impact the subdivision if it was allowed to put the septic system in the front. But once I uncover the issue of the alignment of the right-of-way, we no longer had the space to put the septic system in the front.
Mr. Tracy, a resident, still wanted to dispute the front property line.
Chairman stated: As far as the front property line, we will consult with our Counsel on that and the setback issue will be clarified.
Mr. Blackstone added: He will provide a copy of the deed, if need be to resolved any question with regard to what transpire. I don't have the deed with me right now for the Maclea's property, but I don't recall whether there were any other deeds other than Tracys.
We will deal with the Bilco door issue also before we go to the Zoning Board.
Terry Coburn asked if Mr. Tracy opposed this subdivision.
Mr. Tracy said yes.
Chairman stated: We will get to the bottom of this survey issue. From our perspective, I am not sure that is the main issue. When we look at the subdivision, we look for the location of the septic system, and the adequate separation with the wells does it meet our standards. The principal issue with us would be the Health Department and to ensure that it doesn't present any kind of a health safety issue. The Highway Department will need to review the location of the new curb cut and to make sure that there are no sight distance issues.
Thomas Robert made a motion to approve the concept for a two lot subdivision on E. Lydius Street.
The motion was seconded by Paul Caputo and carried by a 7-0 vote by the Board.
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MATTER OF VIGNOLESI - 1800 Western Avenue
Chairman Feeney announced that this was a site plan to allow a 24 seat pizzeria in Cosimos Plaza. Zoned Local Business. Aldo Vignolesi presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Vignolesi - 1800 Western Avenue
The applicant is requesting a special use permit open a 24 seat pizzeria in Cosimo’s Plaza. All site conditions have been previously approved and the plaza has excess parking. No planning objections subject to the normal conditions imposed on food service related businesses.
Aldo Vignolesi presenting: I am proposing to build a eat-in, take-out and delivery pizzeria, that sits 24 in Cosimo's Plaza. I will be occupying 1050 square feet.
The business could employ 2-3 workers and receive deliveries from food suppliers.
Chairman Feeney stated: This is pretty straight forward. No site changes being proposed and no planning issues.
Chairman made a motion to approve and recommend the site plan review for a 24 seat pizzeria in Cosimos Plaza.
The motion was seconded by Thomas Robert and carried by a 7-0 by the Board.
************************************************************************Meeting Adjourned - 8:15 P.M.
TOWN OF GUILDERLAND
PLANNING BOARD
March 8, 2006
MATTER OF VALEK - 3547 E. Lydius Street
MATTER OF VIGNOLESI - 1800 Western Avenue
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