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
Lindsay Childs
Theresa Coburn
Jan Weston, Planning Administrator
Linda Clark, Counsel
ABSENT: Thomas Robert
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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 April 26, 2006 and
May 10, 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 JACOBSON - Furbeck Road
Chairman Feeney announced that this was a public hearing on the final plat of a proposed 4 lot subdivision of 28.9 acres. Zoned RA-5 Mark Jacobson presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of Howard Jacobson will be heard on Wednesday, June 14, 2006 at
7:30 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 4 lots cut from 28.3 acres.
The general location of the site is at 3089 Furbeck Rd.
The property is zoned: Rural Agriculture-5
Tax Map # 24.00-1-12.4
Plans are open for inspection, by appointment, at the Planning Department during normal
business hours.
Dated: May 22, 2006
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town, Planner, read the comments of the Planning Department as follows:
Jacobson - Furbeck Road
The applicant received preliminary approval on a 5 lot subdivision in November of 2005 with a plan that proposed a rural road. However, the Town has not yet developed rural road standards and the applicant has decided to reduce the number of lots to 4, with 3 keyhole lots and 1 frontage lot. I have the following comments:
- The wetland areas should be clearly shown on the final plat and the building envelopes drawn to show a 50 ft. setback from the wetlands.
- The applicant has submitted a driveway profile and the Fire Department should review the design.
- Because of the length of the shared driveway, the applicant should name the lane and have it approve by the 911 representatives.
No objection to final approval contingent on the above conditions.
Chairman stated: For the record, we did do a SEQR Determination and granted preliminary approval to the previous design. We are still waiting for the rural standards to be developed before we can do the final.
Howard Jacobson presenting: Conceptually, it is the same conventional layout proposal that was submitted last summer with one exception. I decided to reduce the number of lots to 4. There will be a common driveway and the wetlands were delineated by North Country Ecological and will show a 50 ft. setback from the wetlands.
Chairman stated: We still need to see the results of the perc tests and that needs to be shown on the plans. Also, will need to see the limits of clearing and grading and to provide erosion and sedimentation control plan.
Chairman added: In regards to the wetlands on lot 4, you did not show the southern boundaries.
Mr. Jacobson explained: We have no intention of developing or selling this land and that is why it is not shown on the plat.
Chairman stated: The stream that runs through there that you have plans of crossing, is that a bottomless culvert?
Mr. Jacobson explained: There is an existing culvert there and that will not be modified.
Ms. Weston added: The Fire Department will need to review and approve the driveway.
Chairman added: Buyers should be aware that this is in an Agriculture zone and that should be noted on the plat.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to close the public hearing.
The motion was seconded by Paul Caputo and carried by a 6-0 vote by the Board.
Lindsay Childs asked: The road right-of-way is 50 ft. wide. Is this an appropriate road to get a 60 ft. wide right-of-way?
Ms. Weston said: I wished that I had a chance to look to see if we have done it for other subdivisions on Furbeck Road. I will discuss this with the Highway Superintendent.
Chairman stated: This would be subject to the Highway Superintendent's approval, that 5 ft. of additional right-of-way be provided along lot 4 along Furbeck Road.
Chairman made a motion to approved the final plat for the four lot subdivision on Fur beck Road 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 - Park & Recreation Fund (with building permit application)
· Show limits of grading and clearing and provide erosion and sedimentation control plan for the proposed 4 lots
· Indicate boundaries of ACOE wetlands
· Review and approval of driveway by Fire Department
The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
******************************************************************************CASE OF HAMMAN - W. Lydius Street
Chairman Feeney announced that this was a public hearing on the final plat of a 2 lot subdivision of 58.2 acres. Zoned R40. Mike Davis presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of the Joseph Hammon will be heard on Wednesday, June 14, 2006 at
7:30 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 2 lots cut from 58.2 acres.
The general location of the site is at 2730 W. Lydius Street
The property is zoned: R-40
Tax Map # 14.00-3-35
Plans are open for inspection, by appointment, at the Planning Department during normal
Business hours.
Dated: May 24, 2006
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Hamman - W. Lydius St.
The applicant has submitted a final plat, which shows the building envelope, setbacks from wetlands and driveway location for this
two-lot subdivision. No objection to final plat approval.
Mike Davis presenting: The applicant would like to divide off a 16 acre parcel so that he can build a house and then sell his house to his daughter. We have shown on the plans the 250 ft. setback from the existing stream and the 50 ft. setbacks from the wetlands and have shown on the plans the location of the proposed driveways.
Chairman asked for any comments from the Board.
Lindsay Child asked about the right-of-way.
Mr. Davis stated: If it is not 60 ft. wide, we have no objections to making it 60 ft. wide.
James Cohen asked about the proposed well and septic.
Mr. Davis stated: I will be working with the Albany County Health Department in planning the location of the well and septic system and will be shown on the plans..
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to close the public hearing.
The motion was seconded by Paul Caputo and carried by a 6-0 vote by the Board.
Chairman added: I do have comments from the Guilderland Conservation Advisory Council, dated June 2, 2006, and part of their conclusions are the following: GCAC feels that there is room on Lot B for very limited development, but that there does appear to be sufficient space on the area marked on the site plan for the proposed house provided care is taken to avoid wetland and damp areas and to build up the elevation with sufficient fill material whereby the limitations of the soil can be minimized. (On File)
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 the 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 minor nature of the proposal.
The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
Chairman made a motion to approve the final plat for this proposed two lot subdivision on W. Lydius Street with the following conditions:
· Albany County Health Department approval (with building permit application)
· $1,500.00 per dwelling unit - Park & Recreation Fund (with building permit application)
· provide quit claim deed for 30 ft. from centerline of W. Lydius Street
· provide well location in compliance with Health Department standards
The motion was seconded by Paul Caputo and carried by a 6-0 vote by the Board.
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MATTER OF SEMINARY - Route 20
Chairman Feeney announced that this was a concept presentation of a proposed 3 lot subdivision of 34.8 acres. Zoned RA-3. John Seminary presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
The applicant has submitted a concept plan to cut two building lots off the eastern edge of his property. The rear lot would be keyhole but it is proposed that both lots would share a curbcut. The land is flat field that slopes slightly to the north. No objection to concept approval contingent on the building envelops being shown, along with the 100 ft. setback from the watercourse.
John Seminary presenting: I would like to cut two lots off the most eastern part of my property.
There is a common entryway that has been there since the late 40's and the land is flat. The only concern that I had was originally there was a 50 ft. right-of-way although I don't think that is detrimental. If I sold that back lot, I might want to leave that at the 50 ft. right-of-way so I don’t have to get in to the bank of that gravel track. I would like to sell the back lot and keep the front lot for my son. I have a horse boarding business. The access to the keyhole lot has a 50 ft. right-of-way.
Chairman stated: There should be a note on the plans letting potential purchasers of the property know that they are buying property adjacent to a farm.
Michael Cleary asked about the access to the keyhole hole. Could he go down to a 40 ft. wide right-of-way?
Ms. Weston said that he could go down to a 20 ft. wide right-of-way.
Chairman stated: Conceptually, you are fine. You will need to show the building envelopes and the setbacks from the stream. You will need a 100 ft. setback from the septic systems and the 100 ft. setback from the watercourse.
Paul Caputo wanted to know if you are doing away with the racing track.
Mr. Seminary said: I really don't know for sure, but I would like to sell that back lot..
Chairman mentioned that lot 2 does not provide an access for the adjoining neighbor.
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 added: If there is going to be a common driveway then some language would have to be file on the maintenance of the access way. If you are going to maintain that as your access into lot 2B, then you need to identify that, so that anybody who buys lot 2A couldn't restrict you from using that. If you do want to go with a share driveway, then there should be some sort of access easement prepared.
Chairman made a motion to approve the concept for this three-lot subdivision on Rt. 20.
The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
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MATTER OF LABARBA - Trillium Lane
Chairman Feeney announced that this was a concept presentation of a proposed 12-lot subdivision of 19.9 acres. Zoned R40. Hank Labara presenting.
Jan Weston, Town Planner, read the comments of the Planning Department.
LaBarba - Schoolhouse Road
The applicants have submitted a concept plan for a proposed 12-lot subdivision of three parcels they own along Trillium Lane, a private drive. There are presently an office building and three houses on the property. They propose to build a cul-de-sac and add 9 additional house lots.
The land is generally flat with a knoll where the existing houses are located. There are extensive wetlands that cover the northeastern portion of the property and the site is adjacent to the Lupe parcel, currently under Planning Board review.
Any development on this site should be clustered. This would prevent the majority of wetlands from being on private property, thereby giving them substantially more protection. Further, when and if the Lupe parcel is developed, there will be a substantial amount of protected open space. Clustering this subdivision would provide for contiguous open space and the possibility for public access from Schoolhouse Road.
Chairman Feeney stated: For the record, we have a letter from Joseph Romero, dated June 13, 2006, raising some of the concerns with the wetlands and some general issues with the development of the property. (On File)
Another letter submitted, from Joseph Romero, date May 9, 2006, to the Supervisor, which he has enclosed map and photos for review by the Town. (On File)
There are also some e-mails and letters to Supervisor Runion requesting that this property not be taken off the list for rezoning to RA-3. (On File)
Hank LaBarba presenting: This parcel consists of 20 acres and zoned RO-40. On the 17.5 acres there are two residential homes and an office building. One is our residence and the other is a single family home. There is 68 ft. of road frontage on Schoolhouse. We have a private road on Trillium Lane that goes back to the second house. There is water and sewer. Our proposal consists of being a minimum of one acre per lot.
Margo Thomas explained: The legal notice is presented as a 12-lot subdivision. What we are asking for is 9 new lots and three existing lots.
Ms. Weston asked: Your BNRP office lot on my tax map shows exactly like that. Are you modifying that at all?
Ms. Thomas said no.
Ms. Weston stated: Then that should not be part of the subdivision at all. Lot # 12 should be taken off because that is not included.
Chairman Feeney asked: Is all the frontage encompasses in lot 12?
Mr. LaBarba said yes.
Chairman added: Then that has to be included in the subdivision. You will need to modify the lot lines of lot 12 because of the road.
Chairman wanted to know if that's a pre-existing non-conforming use. You have two offices there and would there be some proposal to modify the driveway?
Mr. LaBarba said yes. The driveway will be extending out to the road from the office. What we would like to do is to move the driveway away from the wetlands.
Chairman asked if they would need any area variances for the existing structure and the setbacks. The one setback line is going through the smaller two-story wood frame structure. This would need to be clarified. You will have a 60 ft. right-of -way there now so that lot will change.
Chairman added: I am assuming that the wetlands have been identified.
Mr. LaBarba stated: It has been mapped but no jurisdictional determination has been made as of yet. That will need to get done as soon as possible before we can know how many lots I can have. You will need to have a 100 ft. setback from the watercourse.
Chairman mentioned that lot 8 and lot 9 might be tight with the wetlands.
There was a discussion about a cluster design or a conservation subdivision.
Mr. LaBarba explained: We would like to do something positive. If we do a cluster design, it will be away from Kaine Drive, and could shorten the cul-de-sac immensely and be less of an impact on the land and provide more open space.
Chairman explained: You will have to go through the ordinance to let us know what you are proposing to us.
Chairman asked for any more comments from the Board and there were none.
Chairman asked for any comments from the audience.
Donna Bernstein, 6 Kaine Drive, raised the issue about the impact of traffic.
Gregory Moore, 8 Kaine Drive, wanted to know if there are any plans to make an access to the houses off of Kaine Drive.
Mr. LaBabara said no.
Lindsay Childs was in favor of the cluster design and stated: I like the idea that you might take advantage of the incentives in the conservation cluster. This could perhaps provide a start of an access from Schoolhouse Road into that large open area.
Chairman stated: If we approve the concept that doesn't mean that we approve the nine lots. I am assuming that this is reasonable. I just want to make sure that you are aware of that. We still need the jurisdictional determination before we would move on preliminary approval. This is a major issue. You will also need to do a full storm water pollution prevention plan.
James Cohen wanted to know how many lots are you asking for.
Mr. LaBarba said ten new lots in the cluster subdivision.
Terry Coburn asked: Are we going to approve the concept on the cluster plan or on the plan that they presented.
Chairman stated: Approving a concept layout that shows nine new lots into a cluster design with a larger piece of the property preserve. In the way our regulations generally read, is that the layout is what they can get under the existing zoning under R-40. You might lose a lot or two, depending on the location of the wetlands.
Chairman made a motion for concept approval for a clustered subdivision on Trillium Lane.
The motion was seconded by Lindsay Childs and carried by a 6-0 vote by the Board.
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MATTER OF HERING - 3418 Carman Road
Chairman Feeney announced that this was a site plan review to amend a special use permit to allow an addition to the existing office building. Zoned Local Business. Bruce Hering presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Hering - 3418 Carman Road
The applicant is requesting a special use permit to construct a 600 sq. ft. addition to the south side of his existing business. The site is nicely landscaped and there is an existing sidewalk. My only comment concerns the location of the 5 additional parking spaces. Although zoned Local Business there are residences on both sides of this property. Additional screening may be necessary to buffer the impact of vehicles and headlights on the house to the south.
Bruce Hering presenting: We are located on Carman Road the opposite side of the road of Greulich's market. There is an existing building there and would like to put a 14' x 50' addition on the south side next to the driveway. The existing parking space will be expanded on the south side of the existing parking lot, to add 5 additional parking spaces to bring the total of 16 parking spaces.
Chairman stated: This is pretty straight forward.
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 stated: To get to Ms. Weston's comments, it will just be condition on the applicant providing a landscaping plan.
Chairman made a motion to approve the site plan review with the following conditions:
· that the applicant provide a landscaping plan indicating proposed/existing vegetative screening for the property to the south.
The motion was seconded by Paul Caputo and carried by a 6-0 vote by the Board.
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MATTER OF GENETIC COMPUTERS - 2224 Western Avenue
Chairman Feeney announced that this was a site plan review to allow a professional office to be used by a computer consultant. Zoned BNRP. Robert Semonchzik presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Genetic Computers - 2244 Western Avenue
The applicants have requested a special use permit to use the structure at 2244 Western Avenue as a professional office for a computer consulting firm. The business has no other employees and they operate during normal business hours. The site plan shows four parking spaces but no sidewalk, which should be required. No planning objections.
Chairman Feeney asked for any comments from the board and there were none.
Chairman asked for any comments from the audience and there were none.
There was a discussion about the connection of sidewalks and the parking.
Chairman stated: A condition would be: when the adjoining sidewalks get built you will have to do your section.
Chairman added: I just want to make sure that you have safe access and enough parking.
Chairman made a motion to recommend the site plan review to allow a professional office to be used by a computer consultant with the following condition:
· the applicant provide sidewalk as determined to be appropriate by the ZBA
The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
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MATTER OF GUILDERLAND AGENCY - 1807-1809 Western Avenue
Chairman Feeney announced that this was a site plan review to connect the existing commercial properties with a 735 sq. ft. addition. Zoned Local Business. James Murray presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Guilderland Agency - 1807-1809 Western Avenue
The applicants are requesting a special use permit to join two existing office buildings with a proposed 1 story addition. The parcels are directly east of the Westmere Plaza and contain an insurance business and a law firm. Access would be from the one eastern driveway and there is a paved outlet that allows traffic through the rear of the Westmere Plaza. The proposal also provides an additional 7 parking spaces. I have the following comments:
- The elimination of a curbcut is encouraged. However, this will make the majority of traffic use the one driveway which is only 12 - 13 ft. wide. Generally, this is only suitable for one way traffic. The applicant should explore an agreement with Westmere Plaza that would allow traffic to exit through the rear of the plaza, to the light on Gipp Road.
- The drive aisles are only 22 ft. while our ordinance requires 24 ft. for two way traffic.
- The existing sidewalk is rather intermittent, concrete is some areas and asphalt in others. The sidewalk should be brought up to Town standards.
- A lighting plan should be shown for the rear parking and entry.
James Murray presenting: The home office of the Guilderland Agency, insurance at 1807 Western Avenue and next door is a law firm at 1809 Western Avenue. In-between the two buildings there is an existing driveway. What I would like to do is to construct a one story addition that I can access from my office, but not right into this building. We are going to connect it to the building but not to put in an access into that building. I want to have the access from my office into the new addition and butt it up to against the next door building.
The proposed construction will connect the two existing properties and eliminate the current driveway that services the 1809 Western Avenue location. The current driveway servicing directly onto Western Avenue will be filled in with grass and shrubbery thus adding greenspace to the property.
Chairman stated: One of the issues is with the driveway. It is 15 ft. wide and cannot accommodate a two-way traffic as currently designed. Do you have legal access across that lot?
Mr. Semonchzik said yes I do. I have it in writing.
Chairman asked: Will you be adding traffic to the site?
Mr. Semonchzik said: I don't think that there is going to be any extra traffic. I am just using the extra space for storage.
Chairman added: The sidewalk will need to be reconstructed. We would like to see a 5 ft. standard, concrete sidewalk that meets the town standards.
Chairman mentioned that you will need NYSDOT 's review and approval.
Terry Coburn suggested: that maybe he can encourage people to leave by the rear exist of the plaza to Gipp Road.
Chairman made a motion recommended with the following:
· NYSDOT review & approval
· sidewalk constructed to Town Standards
· eastern entrance to be striped for two-way traffic
· provide signage to indicate exit to Gipp Road through adjoining plaza
· provide lighting plan
· consideration be given to providing easement in favor of property to the east for egress to Gipp Road.
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MEETING ADJOURNED: 9:20 P.M.
TOWN OF GUILDERLAND
PLANNING BOARD
June 14, 2006
CASE OF JACOBSON - Furbeck Road
CASE OF HAMMAN - W. Lydius St.
MATTER OF SEMINARY - Rt. 20
MATTER OF LABARBA - Trillium Lane
MATTER OF HERING - 3418 Carman Road
MATTER OF GENTIC COMPUTERS - 2244 Western Ave.
MATTER OF GUILDERLAND AGENCY - 1807-1809 Western Ave.
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