Minutes of meeting held at the Guilderland Town Hall, Route 20, Guilderland, NY 12084 at 7:30 P.M.
PRESENT: Stephen Feeney, Chairman
Paul Caputo
James Cohen
Michael Cleary
Lindsay Childs
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 August 9, 2006 with a few minor corrections. The motion was seconded by Michael Cleary and carried unanimously by the Board.
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MATTER OF MCCORMICK - Depot Road
Chairman Feeney, Chairman, announced that this was a public hearing on the final plat of a 2 lot subdivision of 54 acres. Zoned Rural Agriculture 3. Maurice McCormick presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of the Maurice McCormick will be heard on Wednesday, September 13, 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 splitting the 53.75-acre parcel into 2 lots. Lot 1 would be 40.1 acres of vacant lands. Lot 2 would be 12.8 acres with an existing house and barn.
The general location of the site is at 5602 Depot Road
The property is zoned: Rural Agriculture 3
Tax Map # 61.00-1-28
Plans are open for inspection, by appointment, at the Planning Department during normal
business hours.
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
McCormick - Depot Road
This is a final plat presentation to divide the parcel into two lots, one being 41 acres of vacant land, and the other 12.8 acres containing the existing house and barn. All lots exceed the zoning requirements and there are no environmental concerns. No planning objections.
Maurice McCormick presenting: We divided the parcel into two lots. Lot 1 has 41 acres and has 1700 ft. of road frontage and lot 2 has 12.8 acres and 550 ft. of road frontage. I met with the Conservation Advisory Council and we did walk the property. I believed they submitted a copy of the report to the Planning Department.
Chairman asked for any comments from the board members and there were none.
Chairman stated for the record. We have a summary of the report from the Guilderland Conservation Advisory Council and the only issue that they raised was the historical issue on the barn. The barn may be of historic significance and would like the town to include the Town Historian for cataloguing and to take steps towards preservation.
Received communication from the Albany County Planning Board dated August 17, 2006, and stated: No significant countywide or intermunicipal impacts found and their recommendation was: Defer to local consideration.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to close the hearing. The motion was seconded by Paul Caputo and carried by a 7-0 vote by the Board.
Chairman made a motion for SEQR Determination in the matter of a 2 lot subdivision of McCormack on Depot Road 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 this subdivision.
The motion was seconded by Thomas Robert and carried by a 7-0 vote by the Board.
Chairman made a motion for final approval for the two lot subdivision on Depot Road with the following conditions:
· Albany County Highway Department 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 Paul Caputo and carried by a 7-0 vote by the board.
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MATTER OF ORSINI - 3445 E. Lydius Street
Chairman Feeney announced that this was a public hearing on the final plat of a lot line amendment. Zoned R15. Megan Orsini presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of the Megan Orsini will be heard on Wednesday, September 13, 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 a lot line adjustment.
Such subdivision is proposed as acquiring 10 ft. from the property at 3451 Lydius Street.
The general location of the site is at 3455 E. Lydius Street
The property is zoned: R-15
Tax Map # 28.00-2-1.2
Plans are open for inspection, by appointment, at the Planning Department during normal
business hours.
Dated: August 28, 2006
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Orsini - E. Lydius Street
This is a final plat presentation to move an existing lot line 10 ft to the west. The amendment creates the need for a variance for the width at the building, for which the applicant is before the Zoning Board on September 6th. No new lots are being created. No objection contingent on the variance being granted.
Megan Orsini presenting: We are looking to move an existing line 10 ft. to the west and add it to our property. A variance was needed and was granted last Wednesday at the Zoning Board. We will be putting a privacy buffer in-between the two properties.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to close the hearings and the motion was seconded by Tom Robert and carried by a 7-0 vote by the Board.
Chairman stated: This is pretty straightforward and there are no planning concerns.
Chairman made a motion for SEQR Determination 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, that the applicant has filled out and the very minor nature of lot line adjustment.
The motion was seconded by Terry Coburn and carried by a 7-0 vote by the Board.
Chairman made a motion to approve the final plat for the proposed lot line amendment on E. Lydius Street with no conditions.
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
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MATTER OF HARTMANN - 4278 Western Turnpike
Chairman Feeney announced that this was a concept presentation to separate the two existing homes onto two parcels. Zoned RA3. Mary Schultz presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Hartmann - 4278 Western Turnpike
This is a concept presentation for the applicant to subdivide her 10.1 acre parcel. The two lots are physically separate and each proposed lot has an existing house, each of which were purchased by separate deeds, but merged together at some point in time. The only concern is that lot #1 is less than the 3 acres now required by the Rural Agriculture district. However, there is a provision in the law that allows for a single lot exception. The new lot meets the requirements of the exception but the final plat must have the following notation: “ The two parcels created by this subdivision have been granted a one-time single lot exemption. Any further subdivision must meet the complete lot area and dimensional requirements of the current Town of Guilderland Zoning Code.”
No objection to concept approval contingent on the above notation.
Mary Schultz presenting: I am proposing to divide 17 acres into 2 parcels. No new construction is planned. There are two existing homes on the property. The older home is on lot #1 and has 2.1 acres and the second home is on lot #2 which has 14.9 acres of land. There is a dirt drive between these two lots and the dirt drive is 15 ft. wide and belongs to the neighbor to the south. Just east of the dirt drive is Niagara Mohawk power lines that runs through lot #2. Each of these parcels was purchase separately at different times and they each have their individual deeds and surveys. The assessor did include both lots onto one tax bill. Therefore, we are requesting to have the parcels separated to restore them to their original two parcel tax status.
Chairman stated: Just to clarify the dirt drive, that is actually a keyhole lot.
Chairman asked for any questions from the Board and there were none.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to approve the concept of a 2 lot subdivision at 4278 Western Avenue.
The motion was seconded by Thomas Robert and carried by a 7-0 vote by the Board.
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MATTER OF LODEN - Hawes Road
Chairman announced that this was a concept presentation for a 2 lot subdivision of 92.8 acres. Zoned RA 3. Robert Loden presenting.
Loden - Hawes Road
This is a concept presentation to split a 92 acre parcel into two lots. Neither lot has any structures nor the Niagara Mohawk power lines physically separate the two lots. Lot A is 81 acres and has been used for agricultural purposes. It would easily support a building lot. Lot B is 11 acres, with frontage on both Route 146 and Hawes Road. It is mostly treed and has a steep slope from Hawes Road downward to Route 146. I have no objection to concept approval but think that more specific topography should be shown for lot B and a reasonable building envelope based on such contours.
Robert Olden presenting: The parcel has been in the family for forty to fifty years. The power lines divided the property and when the property was surveyed, the surveyor made parcel A and parcel B. Parcel B has 11.38 acres and we do have that under contract to be sold. There are no plans for any further subdivision with the larger piece that consists of 81.45 acres and was kept as forever-wild for a number of years. We have a conservation plan that was developed a few years ago with the Town and that is how the large pond that is there was developed. They also have made suggestions for the tree plantings and such.
If we do move forward with this plan, whoever buys the parcel, I would like to see one or two single family homes built there.
Chairman stated: We received a letter from Bernard & Deborah Dingle, dated September 12, 2006, expressing their concern about the water and the wells. (On file)
Chairman added: We will need to see the location of the house, the driveway and the septic and well. We will also need to see some sort of topography and it appears that from Hawes Road, the access might be difficult. I don't know what the person who is interested in purchasing the property was considering for access.
I am assuming that you have legal access off of Mynderse Lane and would that be the best location? We would not want to see another curb cut on the state route of the State Road.
James Cohen stated: Did you say that you had some type of document with the town for the soil types and water information.
Mr. Loden stated that he does have some plans and will have it copied and will have it filed for the record.
James Cohen asked: Are you planning on developing the large lot?
Mr. Loden stated: I have no plans at this point of developing it.
Terry Coburn was concerned that if the applicant gains access for this lot to Mynderse Lane, then we would need a maintenance agreement for that road.
Chairman asked for any comments from the audience.
Beatrice Smith, Mynderse Lane explained: Mynderse Lane provides access to two homes. We have the right to use Mynderse Lane for the purpose of ingress or egress. We have maintained the roads and contacted Mr. Loden about helping out and there has been no help.
Chairman explained: When we do this now, there is usually an agreement. This will be a private agreement and will encourage cooperation between the parties involved.
Carolyn Fowler, Mynderse Lane, read the comments from the Guilderland Comprehensive Plan Advisory Board Environmental Subcommittees, specifically, regarding the preservation of open space and working land spaces.
Emilia Bernd, Hawes Road, would like to see the new plans with the location of the house and septic and well and is also concerned about the sight distance on Hawes Road if a new curb cut goes in.
Chairman stated: Any water courses that are on the property, the septic systems have a minimum setback of 100ft. from the water course. It will be 200 ft. from a water course that feeds directly into the reservoir. As far as wetlands, they would have to be identified and flagged on the 11-acre site now.
You will need to show us the location of the septic, and the well and to do perc tests, and work with the Albany County Health Department and they will need an updated survey.
If anything happens with lot 2, then clearly they would have to have more environmental restraints on it. The wetlands, streams and all those setbacks would limit the amount of development that might happen. If there were a multiple lot development proposed for that site, we generally would do a conservation subdivision of some sort.
There are some issues with the access and we would need to see plans for the access road.
James Cohen mentioned that he heard that water would be going out to Weaver Road.
Ms. Weston said that the water would not be going to Hawes Road.
Chairman stated: We will need additional information including the topography, location of the proposed house, well septic and the proposed driveway access and the shared access agreement if using Mynderse Land and a claim deed for Hawes Road and any easements and right-of-ways on the property.
Chairman made a motion to approve the concept for this 2-lot subdivision on Hawes Road.
The motion was seconded by Thomas Robert and carried by a 7-0 vote by the Board.
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MATTER OF RAUCCI - 3149 E. Lydius Street
Chairman Feeney announced that this was a concept presentation of a proposed 2-lot subdivision of 3.5 acres. Zoned R15. John Raucci presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Raucci - 3149 W. Lydius Street
The applicant would like to cut off the existing home site and retain the rear portion of this 3.4-acre parcel for future development. The existing home is situated at the front of the lot and the plan shows a proposed curved lot line that would allow for a future cul-de-sac to provide access to the rear of this lot and the adjoining lot, in common ownership.
The lot is generally flat with a small ridge running behind the existing home. The rear of the lot is cleared farm field and the soil is sandy. There is a nice stand of mature trees along the western property line. Both public water and sewer serve the site. I have the following comments:
- The existing garage will wind up on a different lot than the house.
- A proposed driveway location for lot #2 should be shown. Although site distance does not seem to be a problem, there are a multitude of single use driveways in this area and additional curbcuts should be adequately spaced.
The lot more than meets the zoning requirements. No objection to concept approval.
John Raucci presenting: I am here today to subdivide the existing 3.5 acres. There are 2 rectangular lots that are almost equal to one another. I am proposing to cut off the existing home site and retain the rear portion of this parcel. Later in the future, my intentions are to develop houses back there. This is not my intention now and I have no plans of changing anything now. In the future, I would like to subdivide it into 4 additional lots.
Chairman stated: My only concern now is to make you aware that with any future development, if you are disturbing 5 acres or more, would require storm water quality and quantity control plans in addition to erosion sedimentation control plan.
Mr. Raucci explained: I understand that when the time comes, whether this ever happens, that I am aware of that.
Chairman stated: We have on file the Guilderland Conservation Advisory Council comments and parts of their conclusion was: GCAC found that the current plan for the two-lot subdivision of #3149 would have very limited impact on the environment. The six lot subdivision would also have very limited impact since the combined lots are large enough to allow going forward with the plans for development. Major concern would be the need to remove the trees which would be in the path of the proposed roadway leading to the cul-de-sac. (On File)
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 to approve this concept for a two-lot subdivision on E. Lydius Street.
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
************************************************************************MATER OF BEATTY - 804 RAINBOW DRIVE
Chairman Feeney announced that this was a site plan review to allow the existing office building to be used as a professional school for piano lessons. Zoned Local Business. Lou Lansing presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Beatty - 804 Rainbow Drive
The applicant has applied for a special use permit to operate a non-profit organization out of her home. The home occupation entails gathering donations and re-distributing them to people in need. The only concern I have is that of traffic generation. Home occupations are allowed based on the operation not generating more traffic than would be customary in a neighborhood situation. The anticipated level of truck traffic should be discussed to insure no adverse impact.
Deborah Beatty presenting: What I am looking to do is to start an organization to help those in the community who have found themselves in situations of hardship, victims who have loss due to fire, single mothers, and the homeless, etc. Donations would be accepted from the generous in the community. Any dollar donation would be spent on buying necessities. There would be no set hours of operation to start with. Deliveries at this time would be made in personal vehicles.
Chairman noted for the record that there is a recommendation from Albany County Planning Board, dated August 17, 2006, as follows: Defer to local consideration.
Chairman asked if they would stop by appointment or would you deliver.
Ms. Beatty explained: I would make the delivery if necessary.
Chairman asked for any questions from the Board and there were none.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to recommend the site plan to allow a home occupation, non-profit outreach program, at 804 Rainbow Drive.
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
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MATTER OF LANSING - 1736A WESTERN AVENUE
Chairman Feeney announced that this was a site plan review to allow the existing office building to be used as a professional school for piano lessons. Zoned Local Business.
Lou Lansing presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Lansing - 1736A Western Avenue
The applicant has requested an amendment to his special use permit to allow the accessory structure in the rear of the property to be used for piano instruction. The building has been used as medical space and a law office in the past. No site changes are planned and, as in the past, the sufficiency of the parking in the main issue. No planning objections contingent on the parking being deemed adequate for the use.
Lou Lansing presenting: I wish to open a professional office for the use of conducting piano lessons to individuals 50 and over. Our teaching method is based on group instruction and classroom setting and private lessons. There will be a total of four employees.
Chairman stated: Parking is a real issue at the site.
Mr. Lansing explained: The neighbors (Burns Management) of BFS Restaurant has given us parking spaces that will be available after business hours and on weekends, which we will continue, as per our agreement.
Ms. Weston stated: There are several letters in the files, from adjoining neighbors offering available spaces for overflow, during the day and weekends.
Chairman asked how many students would you have in a day.
Mr. Lansing explained: The number varies. Sometimes it will be eight or can go up to fifteen.
Terry Coburn asked about the noise levels and the lighting.
Chairman made a motion to recommend the site plan review for 1736A Western Avenue with the following conditions:
· Applicant shows existing lighting on-site and demonstrates to the Zoning Board of Appeals that it is sufficient.
· Demonstrate that adequate parking is provided to accommodate proposed use.
The motion was seconded by Paul Caputo and carried by a 7-0 vote by the Board.
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SITE REVIEW - MCCLAINE - 2093 Western Avenue
Chairman Feeney announced that this was a site plan review to use the building as a day spa and salon. Jennifer McClaine presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
McClaine - 2093 Western Avenue
The applicant has requested a special use permit to use the existing building as a day spa and salon. The site is 3.8 acres, opposite the Twenty Mall. No site plan changes are requested and the only issue is the parking.
The use requires 52 spaces and 44 spaces are being provided. Because of topographic limitations, it would be difficult to construct any additional parking. The two former tenants of this building were both medical in nature and the parking seemed to be sufficient. Since the proposed use will be by appointment only, the owners should take care to limit their bookings to insure adequate parking for all their staff and clients. No planning objections.
Steven McClaine representing for his wife, explained the uses of this building.
Chairman stated: This is an existing site, currently vacant, and it used to be a medical building.
Are you going to be using the whole building?
Mr. McClaine explained: We will be taking the top floor and the downstairs will be rented out. We will have about six employees and appointments only.
Lindsay Childs asked about a sidewalk. This would be an opportunity to get a commitment that if and when the adjoining property builds on the east, the owner will be able to connect a sidewalk to it.
Chairman made a motion to approve the site plan review to use the building as a day spa and salon with the following recommendation:
· Upon construction of sidewalk on adjacent property to the east, owner shall install direct pedestrian connection and sidewalk.
The motion was seconded by Paul Caputo and carried by a 7-0 vote by the Board.
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SITE REVIEW - MASTERS - 7296 Route 158
Chairman Feeney announced that this was a site plan review to allow the property to used as a horse boarding facility. Zoned Rural Agriculture 3. Martha Masters presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Masters - 7296 Route 158
The applicant has requested a special use permit to use the property for boarding horses. They would fence 20 of the 55 acres and erect a couple of shelters. It is desirable to have this property remain in a rural/agricultural use. My only comment is that there is a stream that runs through the property and all structures and animal waste should be properly set back from the watercourse.
Martha Masters presenting: We currently own and operate a successful boarding facility, which lies partially in Guilderland. We have recognized a need for quality horse boarding in the area, and would like to offer it at a property located at 7296 Route 158 in Guilderland. We are thinking about 20-boarded horses on the 60 acres, which were apparently farmed in the past. We would like to fence 20 acres and put up 2 or 3 run-in sheds for their shelter. The balance of the land would be used for hay/or trail riding.
Chairman questioned not having a barn for the horses.
Ms. Masters stated: We would like to build a barn but it is really a matter of finances now.
Chairman asked: How do you plan on feeding the animals and where are you going to store the feed and the storing of the manure are some of the questions that I have.
Chairman added: There is a concern about the stream running through the parcel, and will you be stockpiling the manure, and we need to know just where it is going to be stored?
Lindsay Childs asked: Is this in the County Agricultural District and if it is then there might be an issue with the manure and the odor to the other residents.
Chairman added: If you can enroll the property in the Agricultural District, I would suggest doing that to give you protection from the neighbors.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to recommend the site plan review to allow the property to be used as a horse boarding facility with the following conditions:
· Identify manure storage area and explain manure management plan
· Indicate location of fencing in relation to the stream.
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
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TOWN OF GUILDERLAND
PLANNING BOARD
September 13, 2006
CASE OF McCORMICK - Depot Road
CASE OF ORSINI - 3445 E. Lydius St.
MATTER OF HARTMANN - 4278 Western Avenue
MATTER OF LODEN - Hawes Road
MATTER OF RAUCCI - 3149 E. Lydius St.
MATTER OF BEATTY - 804 Rainbow Drive
MATTER OF LANSING - 1736A Western Ave.
MATTER OF MCCLAINE - 2093 Western Ave.
MATTER OF MASTERS - 7296 Route 158
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