Minutes of meeting held at Guilderland Town Hall, Route 20, Guilderland, NY 12084 at 7:30 P.M.
PRESENT: Stephen Feeney, Chairman
Paul Caputo
James Cohen
Thomas Robert
Theresa Coburn
Jan Weston, Planning Administrator
Linda Clark, Counsel
ABSENT:
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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.
Chairman Feeney made the motion to approve the minutes of February 22, 2006 and March 22, 2006 with a few minor corrections. The motion was seconded by Paul Caputo and carried unanimously by the Board.
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CASE OF WU - Depot Road
Chairman Feeney announced that this was a public hearing of the final plat of a 2-lot subdivision of 53 acres. Zoned R15. Gregg Meyer presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of Thomas Wu the will be heard on Wednesday, April 26, 2006 at 7:300 p.m. at the Guilderland Town Hall, Route 20, Guilderland, New York 12084 for the purpose of obtaining
final plat approval for an unnamed subdivision.
Such subdivision is proposed as: the separation of a 53 acre parcel currently divided by Depot Road into two lots. One on the west side of Depot Road (14.9 acres) and one on the east side (38.4 acres).
The general location of the site is the land straddling Depot Road, just south of the Black Creek
The property is zoned: R-15
Tax Map # 38.00-5-27.1
Plans are open for inspection, by appointment, at the Planning Department during normal
business hours.
Stephen Feeney, Chairman
Jan Weston, Town Planner, read the comments of the Planning Department as follows;
Wu - Depot Road
This is a final plat presentation to create a 2 lot subdivision from a 53 acre parcel which is divided by Depot Road. The applicant has a contract to purchase the 38 acre eastern portion of the site and has previously made an application for a major subdivision, called Dutchman Acres. The western 15 acres will be retained by the present owner, Thomas Wu.
The only concern at the concept phase was the delineation of the wetlands and the assurance that there would be adequate space for a building lot. The applicant has received an approved jurisdictional determination letter and there are small, but adequate, building sights on the parcel. No objection to final approval.
Chairman stated: For the record, I do have a notice from the Army Corps of Engineers, Christopher and Gregg Meyer, dated 22, 2006, stating: The Corps is accepting the jurisdictional delineation of the wetlands. (On File)
Gregg Meyer presenting: The applicant owns approximately 53 acres, and is divided by Depot Road. This has never been subdivided before and the main reason we are here is that the applicant has a contract to purchase 38 acres on the easterly side of Depot Road that is noted as lot #1. Lot #2 will be retained by the applicant which at this time, they have no plans on developing the property. The property is zoned R15.
One of the major concerns is the wetlands. Initially, lot #1 (38 acres) was delineated by Dave Ingalls, Ingalls and Associates, and I walked with the Army Corps of Engineers.
The Board requested that lot #2 have the delineation done to make sure that was a vliable building site. Mr. Ingalls walked the property and delineated the entire 15 acre site. This was submitted to the Army Corps.of Engineers.
Chairman asked if they requested any modifications.
Mr. Meyer stated: There were a couple of modifications that they requested.
Lindsay Childs wanted to know more precisely where the wetland delineations were changed.
James Cohen asked about lot #2. You can put one building lot there now but if you wanted to further subdivide would you have to start the process over?
Mr. Meyer explained: He would need to come before the Board for subdivision approval again and more delineations will have to be done.
Chairman asked for any comments from the audience and there were none.
Chairman stated: The only question that I have is I don't have the Conservation Advisory Council report.
Lindsay Childs explained: We did go out there to verify the wetlands.
Chairman made a motion for SEQR as follows:
In Accordance with Section 8-0113, Article 8 of the New York Environmental Conservation Law, this Agency has conducted an initial review to determine whether the following project may have a significant effect on the environment and on the basis of that review hereby finds:
The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Statement. This determination is based on a careful review by the Planning Board, and the review and the determination of the wetland boundaries by the Army Corps of Engineers, and the minor nature of the two lot proposal, and by the Short Environmental Assessment Form, which the applicant has filled out.
The motion was seconded by Terry Coburn and carried by a 7-0 vote by the Board.
Chairman made a motion for final approval with the following conditions:
· Albany County Highway Department approval for any new curbcut.
· $1,500.00 per dwelling unit - Park & Recreation Fund (with building permit application)
· $2,085.00 per dwelling unit - sewer mitigation fee (with sewer hook-up application)
Lindsay Childs questioned whether it would be better to settle the parkland on the entire parcel before we subdivide. Whether you would want to instead of getting park fund fee, would we rather get 10% of his land to be donated?
Chairman explained: We are not going to take 10% of his land because the Town doesn't want the land as a park. It will end up as open space for his subdivision.
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
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MATTER OF SCHAFER - Settle Hill Road
Chairman Feeney announced that this was a concept presentation of a proposed 2 lot subdivision of 33 acres. Zoned RA-5. Mark Schafer presenting.
Jan Weston read the comments of the Planning Department as follows:
Schafer - Settles Hill Road
The applicant has submitted a concept for a two lot subdivision of 33 acres. The parcel has a relatively flat knoll along the front of the property but slopes off significantly toward the rear. I have the following comments:
- soil conditions generally require engineered septic systems in this area. The proposed location of the systems should be noted on the plan.
- the setbacks do not reflect the required 50 ft side and front setback and 100 ft. rear setback.
- the plat shows each lot having its own 30 ft of access, but because of topography issues the driveways should probably be combined. Driveway cross sections should be provided to insure the grade won’t exceed 10% and also designed to prevent any drainage problems.
- the site is significantly vegetated and a limits of clearing and grading plan should be provided.
- the Beagle Club is an adjoining property owner and notes on the plat should be included to inform potential buyers of its location.
- the first three lots of this original subdivision were deed restricted from further subdivisions. It should also be explored for these two lots, especially since the 60 ft. access would allow for an additional lot.
No objection to concept approval contingent on the above concerns being addressed for final review.
Mark Schafer presenting: The parcel is off Settles Hill Road and lot 4 is part of the original Smith subdivision. The parcel is 33 acres and is a keyhole lot and has a 60 ft. road frontage. What I am proposing to do is divide it into two lots. Divide the parcel right down the middle of the 60 ft. right-of -way and give 30 ft. to each of the parcels and it will be a common driveway with one road cut. One parcel would be approximately 20 acres and the other would be the remaining.
Chairman asked: In regards to Ms. Weston's comments, the first three lots of this original subdivision were deed restricted from further subdivisions. Does this mean that the fourth lot was not deed restricted?
Ms. Weston explained: The first three lots were significantly smaller.
Mr. Schafer explain the elevations.
Chairman asked : So you don't anticipate having a problem of maintaining a grade less than 10% on the driveway.
Mr. Schafer said no I don't.
Chairman added: With a driveway this long, we would need to see cross sections and how it is going to be constructed and a maintenance agreement. You will need to show limits of clearing, and the grading plan.
You will need an erosion and sedimentation control plan and show us just what you are going to do and to show the location of the well and septic.
Chairman asked for any comments from the Board.
Ms. Weston asked if you would have any objections with adding a deed restriction of no further subdivision.
Mr. Schafer said no he would not.
Chairman asked for any comments from the public and there were none.
Chairman made a motion to approve the concept plan for this two-lot subdivision addressing some of the issues that were mentioned.
The motion was seconded by Thomas Robert and carried by a 7-0 vote by the Board.
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CASE OF COLES - Gun Club Road
Chairman Feeney announced that this was a final plat presentation of a 3 lot subdivision of 7.9 acres. Zoned R40. Michale Coles presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Coles - E. Lydius Street
The applicant received preliminary approval in August 2005 with some outstanding issues to be complete before final approval. He has since submitted a grading plan, a stormwater management plan, an erosion and sedimentation control plan and modified the driveway alignment. Lot addresses still need to be added to the final plat before signature. No objection to final approval.
Ms. Weston added: Also, I did receive the shared maintenance agreement and received the language for the deed restriction of the no disturbance.
Michael Coles presenting: I submitted a list of the things that were needed at the last hearing. The engineer has submitted the grading plans, and the storm water pollution prevention plan, and the erosion sedimentation plan. We are going ahead to modify the driveway and then will submit the deed restrictions. There will be a drainage easement from lot 3 to lot 2 and we will make sure that the buyer understands due to the slopes of the land, that is where the water is going to be going.
Chairman Feeney mentioned for the record, that he has a response from Albany County Planning Board, dated August 18, 2005, and their recommendation was: Modify local approval to include:
1. Review by the Albany Pine Bush Commission:
2. Review by local emergency services for access to rear lots, and;
3. Notification of the project to the Town of Colonie. (On File)
Chairman stated: We have already done an environmental review on the project, and the determination that the proposed project will not have a significant effect on the environment. That was based on the environmental assessment submitted, and the endangered species evaluation conducted by North Country Ecological Services in June, 2003. The comments and review by GCAC, and the provision of grading plans preserving the dune at the rear of the parcel and the provision of a deed restriction to prevent any clearing or disturbance at the rear of the parcel as indicated on plans.
Chairman added: They had preliminary approval and the conditions have been met and they did do a complete SWPPP Plan that has been submitted.
Chairman asked for any comments from the Board and there were none.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion for final approval with the following conditions:
· Town Highway Superintendent approval for any new curbcut.
· Albany County Health Department approval (with building permit application)
· $1,500.00 per dwelling unit - Park & Recreation Fund (with building permit application)
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
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CASE OF RUCINSKI - Gun Club Road
Chairman Feeney announced that this was a continued public hearing of the final plat of a 4 lot subdivision of 8 acres. Zoned Agriculture. Daniel Rucinski presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Rucinski - Gun Club Road
A request by the Planning Board, the applicant eliminated the unattached strip of land and has applied to the Zoning Board for minor area variances. The remaining comments still need to be addressed:
- There is an intermittent watercourse that runs through the rear of the properties. This will require a 100 ft. setback, which should be reflected in the building envelopes and shown of the final plat.
- There are currently two residential structures on the proposed lot #4. One of these units must be removed before this subdivision is complete.
- proposed driveway locations should be approved by the Highway Superintendent as sight distance may be an issue in some locations.
- The board should consider obtaining a 30 ft. from centerline quit claim deed or easement to help bring Gun Club Road up to Town road standards.
No objection to final approval.
Chairman Feeney stated for the record: We have the comments from the Albany County Planning Board, dated February 17, 2006, and their recommendation read as follows: This board has found that the proposed action will have no significant countywide or intermunicipal impact. Defer to local consideration.
There was communication previously submitted from neighbors, about the concern of the sight distance issue.
Chairman asked if he got his area variance.
Mr. Rucinski said yes. I did get my area variance and got a permit from the Village of Altamont to provide sewer hookup.
Chairman wanted to know if the Village will provide water.
Mr. Rucinski stated: Not at this time, but they agreed to provide the sewer.
Chairman added: The Guilderland Conservation Advisory Council review was read into the record at the last meeting. Part of their conclusion read as: GCAC has no objections to this proposed four-lot subdivision from an environmental standpoint so long as clear cutting of woods does not take place. (On File)
Chairman mentioned that there has been some extensive clearing already out there.
There is also a letter in the file from Bob & Shelley Johnston raising the issue with adequate sight distance on to where you would put the driveways. (On file)
Ms. Weston stated: The issue is really where to optimize the driveway.
Mr. Rucinski explained: There is a slope going off the road and if you were coming in or out anywhere on lot 2 or lot 3, you would be on the high side. As far as with lot 1, the knoll would be as you are pulling out of your driveway on your right side. In my opinion, you would want that driveway pushed as far to the left as possible. At the same time, there is a 20 ft. buffer of no cut that we agreed to with the Village. We will still be working with the Highway Superintendent about the sight distance.
Chairman asked: Would it be an issue if the board should consider obtaining a 30 ft. from the centerline quit claim deed or easement to help bring Gun Club Road up to Town standards.
Mr. Rucinski stated: The only concern would be on lot 4 with the one existing structure that is to close to the road now, otherwise, I would not have any objections. The other lots, I don't have any issues. The houses will be back further than the initial 50 ft. setback requirement.
Chairman stated: The standard width is 60 ft. setback. Has the right-of-way been established?
Mr. Rucinski stated: The right-of-way has been established at 50 ft.
Chairman asked: Would you have any objection in providing an additional 5 ft. of right-of-way to be deeded to the Town.
Chairman asked for any more comments from the board and there were none.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion for SEQR as follows:
In Accordance with Section 8-0113, Article 8 of the New York Environmental Conservation Law, this Agency has conducted an initial review to determine whether the following project may have a significant effect on the environment and on the basis of that review hereby finds:
The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Statement. This determination is based on a careful review by the Planning Board, and by the comments of the Guilderland Conservation Advisory Council, and by the environmental short form which the applicant has filled out, and the provision of public sewer, and provision of additional 5 ft. right-of-way for pedestrian access for improvement of the road.
The motion was seconded by Terry Coburn and carried by a 7-0 vote by the Board.
Chairman made the motion to approved the final plat for your 4 lot subdivision on Gun Club Road with the following conditions:
· Town Highway Superintendent approval for any new curbcut
· Albany County Health Department approval for the wells (with building permit application)
· $1,500.00 per dwelling unit - Park & Recreation Fund (with building permit application)
· Village of Altamont Wastewater Superintendent approval
· 100 ft. watercourse setback shown on the plat.
· provision of additional 5 ft. of right-of-way to be quit claim deeded to the Town.
· Building envelopes need to be modified to reflect the 100 ft. setback from the stream and shown on the plans.
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board
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CASE OF TRALONGO - Brookview Drive
Chairman Feeney announced that this was a continued public hearing of a proposed 3 lot subdivision of 14.4 acres. Zoned R40. Todd Westerveld presenting.
Chairman Feeney asked if there were any staff comments.
Ms. Weston stated: I did not have anything to add from my last comments as I understood that it was just a discussion of that miscellaneous unbuildable lot.
Chairman added: The other condition was a discussion that they will provide conservation easement language.
Todd Westerveld presenting: We are working on the language for the deed restriction for the no disturbance area. The applicant's attorney has had some correspondence with the town and that will be submitted to the town for review. The other issue was the lot adjoining this subdivision. There was a lot created from a subdivision back 1967, and due to the setback regulations and the angle of repose regulations, that lot would be unbuildable. Mr. Tralongo has purchased the property next door and our goal is to take that lot and another piece of land and combine them in the future.
That is what we would like to do to that parcel.
I believe that the Pine Bush Commission did not have any issues with this subdivision. The boundaries of conservation areas to be marked will be done prior to any construction.
Chairman Feeney stated: The Pine Bush Commission did have a comment. They felt with the no disturbance area and conservation easement that it would be consistent with the preservation plan.
Mr. Westerveld explained: The overall project is 14 1/2 acres and the deed restricted portion of the overall project is about 10 acres. 70% will be restricted.
Chairman stated: I talked briefly with the representative of the applicant today about the access, and I thought that was something we could come to some common understanding on. Also, the no disturbance area should be permanently marked.
Mr. Westerveld stated: There are two parcels shown on the plan. The two parcels are at the end of Brookview Drive. We will combine them with a parcel to the north that the applicant has just purchased and combine them into one parcel.
Chairman added: The Pine Bush Committee would like for you to list on the plat, a list of invasive species and prohibit their use in landscaping.
Lindsay Child had a concern with the two lots being merged to the adjacent parcel. I am not sure that if you did that, that any development would occur anywhere except on those two lots.
Mr. Westerveld explained: That parcel is about 5 acres and based on the angle of repose and the other grading issues, and the stream that flows through there, there is plenty of room for one home.
The maintenance of that road will be either done by the town or the Thruway authority.
Lindsay Childs wanted to know if they had the right to use the Thruway.
Mr. Westerveld explained: We own the portion of the road that goes over our property.
The Thruway authority retains an easement over our property to utilize that road.
Chairman mentioned that the only other issue is the pump station. The pump station was never dedicated to the town.
Mr. Westerveld stated: The pump station is in the records, that the storm water department has. When that was proposed it was proposed as an easement to construct a pump station for the sewer. What we are proposing is to grant that easement.
Chairman Feeney asked for any comments from the audience.
Jeff Unser, President of Woodlawn Sportsmen Club, was concern with the trespassing on the property and the banks and the ravines.
Chairman stated: You will need to note on the plans and in the deed, the gun club and the noise from the shooting range.
Chairman made the motion for the three lot subdivision on Brookview Court with the following conditions:
· Town Highway Superintendent approval for any new curbcut
· Town Water & Wastewater Superintendent approval
· $1,500.00 per dwelling unit - Park & Recreation Fund (with building permit
· application
· $2,085.00 per dwelling unit - sewer mitigation fee (with sewer hook-up application
· Erosion and Sedimentation control plan
· Provision of a note in the deed regarding the presence of the gun club and noise from the shooting range.
· Boundaries of conservation areas to be permanently marked
· Note on the plat and in the deeds regarding the prohibition of planting invasive species.
The motion was seconded by Paul Caputo and carried by a 6-1 vote by the Board. (Lindsay Childs - opposed).
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MATTER OF EWING - Old State Road
Chairman Feeney announced that this was a continued concept presenting of a proposed 4 lot subdivision of 61.6 acres. Zoned RA-3. Richard Ewing presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Ewing - Old State Road
The applicant has corrected some of the problems with his first concept and the lots now all meet the requirements of the RA3 zoning district and the driveway has been moved back to a less steep grade. I have the remaining comments:
- The stream has now been plotted but the required 100 ft. setback has not been shown. This will have an impact on the building envelope of lot #2 but it will still have a reasonable building area.
- Although the soil is poorly drained, the GCAC found no evidence of wetlands.
No objection to concept approval.
Richard Ewing presenting: This is a 3 lot subdivision and the driveway will be coming off Old State Road. There will be three separate 20 ft. access roads.
Chairman stated: We will be looking for a combined driveway and the slope is quite severe that you will have to put in a lot of fill, because the grade cannot exceed 10%. .
Mr. Ewing explained: It is about a 12 ft. drop from the road.
Chairman asked about the stream.
Mr. Ewing explained that the stream flows in the reservoir.
There was a question on whether it was contributory to the reservoir and if so it should be 250 ft. setback from the stream. This will be need to be clarified. This may impact the ability for lot 2 to accommodate a dwelling.
Chairman added: You would need to provide a 250 ft. setback from the stream for the septic on lot 2.
Chairman added: As far as crossing the creek, if it is not a protected stream by DEC, then it would be an Army Corps of Engineers issue. They would require that you to have a bottomless culvert to cross. We will send a notice to them and you will have to show exactly how you are going to cross it, and what the grade of the road is going to be and all those details would need to be shown on the plans.
Lindsay Childs wanted to know why you decided to put the lots next to the railroad. Also, I feel that lot 2 should be larger.
Paul Caputo was comfortable with the concept for 3 lots.
Chairman mentioned that you will need to contain all information required by the Town's subdivision regulations and any additional information including:
- driveway cross section and new house driveway location
- steam clarification and stream crossing detail
- 250 ft. from the stream septic setback
- notice to the Army Corps of Engineers
We need to establish a standard for that stream, and you need to show us a detail of the stream crossing and stream clarification, and what sort of culvert is he proposing, a notice to Army Corps of Engineers, and the grading of the driveway and the location and to identify the 250 ft. from the stream septic setback.
Chairman asked for any comments from the audience.
Dorita Nobles, W. Old State, was concerned about the location of the driveway for lot 1. If he puts the driveway next to my property, I am concern for my horses and the snow storage.
Chairman stated: The driveway location will need to be shown on the plans and he will need to provide some reasonable distance between the properties.
Mr. Ewing said that the driveway will be about 30 ft. from her property line.
Steven Wilson, Stitt Road, asked: What is the prevailing elevation of this property. The upper Normanskill is going to have a lot of backup to the abutting properties.
Lindsay Childs wanted to know if you are going to ask the applicant to locate the driveway for his own house. I don't think that the house should be located next to the tracks.
Chairman said yes. He will need to show that on the plans.
Terry Coburn was not sure about the design.
Chairman made a motion to approve the concept.
The motion was seconded by Michael Cleary and carried by a 6-1 vote by the Board.
(Lindsay Childs- opposed)
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MATTER OF WILDWOOD SCHOOL - Curry Road
Chairman Feeney announced that this was a site plan review to allow additions to the existing school totaling a 28,540 sq. ft. Zoned R40. Daniel Hershberg presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Wildwood - Curry Road
The applicants are seeking to revise their special use permit by adding three additions to the current school totaling 28, 540 sq. ft. The parking area will be expanded but the basic layout and traffic circulation will not change. I have no objections to this proposal but have the following comments:
- The site is not serviced by public utilities and the Health Department will have to approve the well and septic capabilities.
- The site is located in the Pine Bush study area and the Commission’s input should be requested.
Daniel Hershberg presenting: The building expansion will include three separate additions totaling 28,540 square feet. The current student population has 120 students and 115 staff personnel. The applicant, wildwood programs, will continue to operate its facility at its current level with the potential growth in five years to include 30 students and 25 staff personnel. The parking area will be expanded to accommodate 180 cars when pavement markings are configured as shown on the plans.
There should be no drainage issues. Drainage from the site will be directed to the existing drainage system. The proposed plan indicates the location of the existing storm water management system and the relocation of existing recharge basins. An existing sanitary sewer disposal system exists. The additions will connect to the existing system. There is an existing water system that has adequate capacity to handle the additional student flow.
There will be some additional traffic.
Chairman asked if the septic system is adequately designed.
Mr. Hershberg explained: The Albany County Health Department will review it to see if a new permit is required.
Chairman asked about the storm water and the drainage
Chairman asked if you have contacted the Pine Bush Commission.
Ms. Weston explained: That will be done at the Zoning Board.
Terry Coburn asked about removing the tree line.
Chairman stated: Jim Cohen has recused himself from reviewing the application.
Chairman asked for any comments from the audience and there were none.
Chairman stated: This is pretty straight forward. You will need the Pine Bush Commission comments, traffic seems modest
Chairman made a motion to recommend approval to the site plan to allow additions to the existing school.
The motion was seconded by Michael Cleary and carried by 6-0-1 vote by the Board. (Cohen recused)
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REZONES
Chairman Feeney announced that this was an advisory opinion on proposals to rezone 2026 Western Avenue from Local Business to BNRP, and 46 properties within the vicinity of the Norman skill flood basin from RO40 to RA-3.
Jan Weston, Town Planner, read the comments of the Planning Department. (On File)
I am respectfully requesting that the Town Board consider two properties - 2026 & 2028 Western Avenue from Local Business to BNRP.
2026 Western Avenue is a residential structure that was rezoned from BNRP to Local Business in 1992 at the request of Phoebe Archibald who wanted to use the structure as a florist. Much of the approval of that rezone was based on the very low impact a florist would have on the parcel and the surrounding neighborhood.
Based on the LB zoning, a 70 seat restaurant just received a special use permit amid many concerns of residents about the neighborhood impact. The BNRP zoning designation would protect the neighborhood from further LB uses if the us were to change.(On File)
Chairman stated: I have a concern about the comments for 2026 Western Avenue. I don't want to jeopardize the applicants ability to open the restaurant based on the rezone. The applicant has follow our procedures. The applicant has met with the town, the town staff, came to the Planning Board and went to the Zoning Board of Appeals and got a special use permit with certain conditions, and seemed to comply with all of the recommendations that were made.
Maybe it should have been rezoned in the beginning but my general feelings is that this is not fair. It violates my sense of fairness.
Terry Coburn stated: They did come forward and went through all the procedures to get their approval. If the rezone would affect the restaurant opening, then I don't agree with it.
The Planning Board members all agreed not to recommend the rezoning for 2026 Western Avenue from Local Business to BNRP.
The motion was seconded by Thomas Roberts and carried by a 7-0 vote by the Board.
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REZONE FOR 2028 WESTERN AVENUE - from Local Business to BNRP.
Jan Weston, Town Planner, read the comments of the Planning Department to Supervisor Runion and the Town Board members, as follows:
2028 Western Avenue is also a residential structure which is presently for sale. The rear of the property is currently lawn and extends into the Norman Avenue neighborhood.
Because of the residential nature of the structures, the relatively small parcel sizes, and their proximity to a residential neighborhood with room for adequate buffering, I would support this zoning change.
Chairman Feeney stated: Essentially the restriction from Local Business to BNRP really eliminates the restaurant or retail limitation.
The issue here is that the property goes deeply into the neighborhood and if it was a retail operation, it could have quite a few impacts. This is a tough call.
I am more inclined to support staff's opinion in this one because there is nobody with an application.
Paul Caputo wanted to keep it LB.
Chairman asked for any comments from the audience.
Mark Schafer explained: When I purchase this property it was zoned LB. The reason why I purchased it was because of the zoning of it. To change the zoning would be detrimental to us.
Paul Caputo made a motion not to recommend the rezone for 2028 Western Avenue from Local Business to BNRP to the Town Board.
Michael Cleary seconded the motion and carried by a 5-2 vote by the Board. (Childs, Coburn opposed)
REZONE 46 PROPERTIES WITHIN THE VICINITY OF THE NORMANSKILL FLOOD BASIN FROM RO-40 TO RA-3.
Jan Weston, Town Planner, read the comments of the Planning Department as follows
Jan Weston gave a brief presentation of these properties.
Chairman explained: From our perspective, it does make it a little easier to approach some of these developments from environmentally sensitive standpoint. Clearly, you will not get as many lots, but not quite the three to one ratio.
Lindsay Childs was all in favor of this move.
Chairman asked for any comments from the audience.
Someone from the audience asked what are the boundaries?
Chairman made a motion to recommend the rezoning of the 46 properties within the vicinity of the Norman skill flood basin from RO-40 to RA-3.
The motion was seconded by Terry Coburn and carried by a 7-0 vote by the Board.
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MATTER OF THOMAS - 6378 Gun Club Road
Chairman Feeney announced that this was a site plan review to allow a former church to be used as a community center. Zoned R-20
Jan Weston, Town Planner, read the comments of the Planning Department as follows: 6278 Gun Club Road
The applicant is seeking a special use permit to convert the former Heidelberg Bible Church to a community center. It is proposed that Community Caregivers will have permanent office space in the building with other not-for-profits using various rooms, as needed.
The building sits on a 7.5 acre parcel adjacent to the Village of Altamont park no site changes are proposed. The Village has requested that cut off lighting fixtures be used, landscaping contiguous to the Bozenkill Park be installed and a pedestrian walkway provided to the park.
No planning objections to the site plan contingent on the above requests of the Village.
Jeff Thomas presenting: I would like to convert the church into a community center. There is a tremendous need for this. We contacted a few different non profit organizations to meet at this center and the community care givers will be at the site and will oversee the community center
Our intentions is to forever dedicate this property to better serve the community for Altamont and Guilderland.
Chairman stated: At the park entrance, to the south, they are asking for a connecting pedestrian walkway and to work with the park and their plans for the landscaping.
Lindsay Childs suggested to put a sidewalk along the frontage in the future.
Lindsay Childs suggested: The master plan is looking for ways to try and connect the Bosenkill Park to the sidewalks in Altamont and one way to do that is to start a sidewalk from the entrance to the park out to Rt. 146.
Chairman agreed with Mr. Childs about the pedestrian connection from their sidewalk. . A 5 ft. wide sidewalk is the standard.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion in the matter of Jeff Thomas community Center, 6378 Gun Club Road, to recommend site plan approval with the following condition::
· That a pedestrian connection be provided from the park entrance to the existing driveway.
· An additional 5 ft. of right-of-way be obtained along the frontage along Gun Club Road to provide for future improvement to the road and pedestrians accommodation.
The motion was seconded by Paul Caputo and carried by a 7-0 vote by the Board.
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MEETING ADJOURNED - 10:20 PM
TOWN OF GUILDERLAND
PLANNING BOARD
April 26, 2006
CASE OF WU - Depot Road
MATTER OF SCHAFER - Settles Hill Road
CASE OF COLES - E. Lydius Street
CASE OF RUCINSKI - Gun Club Road
CASE OF TRALONGO - Brookview Drive
MATTER OF EWING - Old State Road
MATTER OF WILDWOOD SCHOOL - Curry Road
REZONES
SITE PLAN - THOMAS - 6378 Gun Club Road
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