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
Lindsay Childs
Michael Cleary
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 September 27, 2006 with a few minor corrections. The motion was seconded by Terry Coburn and carried by 7-0 vote by the Board.
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MATTER OF RAUCCI - 3157 E. Lydius Street
Chairman Feeney announced that this was a public hearing on the final plat of a proposed 2 lot subdivision of 3.5 acres. Zoned R15. John Raucci presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of the John Raucci will be heard on Wednesday, October 11, 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 3.5 acres.
The general location of the site is at 3149 E. Lydius Street
The property is zoned: R-15
Tax Map # 15.00-3-5
Plans are open for inspection, by appointment, at the Planning Department during normal
business hours.
Dated: September 20, 2006
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Raucci - 3149 W. Lydius Street
This is a public hearing on the final plat of a proposed two lot subdivision. The applicant would like to cut off the existing home and retain the rear portion of this 3.4-acre site for future development, which would be accessed by a cul-de-sac. The parcel has both public water and sewer available. The proposed driveway location and lot addresses should be shown. The lot more than meets the zoning requirements. No objection to final approval.
John Raucci presenting: I bought the house next door to me and would like to subdivide the existing house and retain the rear portion of this 3.4 acre site for future development.
Terry Coburn asked if there are going to be any curbcuts.
Mr. Raucci explained: The purpose of going through the engineering of this parcel that was purchased is to subdivide the existing house. There are no plans on building or having any additional curbcuts or putting any new roads in.
Ms. Weston explained: Lot 2 will become its own building lot. It is not connected in any way where Mr. Raucci's lives now.
Chairman Feeney asked about the oil vent and oil spill vent on the site.
Mr. Raucci explained: The land used to be farmed and the detached garage that they had had an underground gasoline tank that they used for their machines. The empty tank has never been taken out.
Chairman stated: Usually the underground tanks needs to comply with any DEC applicable petroleum storage requirements.
Mr. Raucci stated: The tank would stay on the larger lot that I am keeping and lot l will be sold. The tanks will be on the subdivided parcel that will be developed in the future.
Linda Clark, Counsel stated: This is a legal issue that will have to be resolved.
Thomas Robert mentioned that this is still an environmental issue.
Chairman stated: I will make this a condition on the final approval to make sure that there are no DEC requirements for the storage tanks.
Chairman stated: There are no sight distance issues therefore, if someone came in to build on lot 2 without subdividing they still would have to go and get a highway access permit. You will be limited on how much you can shift things around.
Chairman added: I have a letter from William West, Superintendent, Department of Water & Wastewater Management, dated September 11, 2006 and their comments read: Water/Sewer should show on plans. All mitigation fees will apply. (On File)
Chairman asked for any comments from the audience and there were none.
Lindsay Childs had a question on the boundary lines.
Chairman stated: The plans will need to show the appropriate dimensions and the map will need to be stamped and signed.
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 minor nature of this 2 lot subdivision.
The motion was seconded by Terry Coburn and carried by a 7-0 vote by the Board.
Chairman Feeney made a motion for final approval for this two lot subdivision on E. Lydius Street with the following conditions:
· Town Highway Superintendent approval for any new curbcut
· Town Water & Wastewater Superintendent Approval (with building permit application)
· $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)
· Existing water and sewer lines should show on the plat along with proposed size and location of tap.
· Comply with any DEC applicable petroleum storage requirements.
The motion was seconded by Paul Caputo and carried by a 7-0 vote by the Board.
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MATTER OF SALUZZO-COX - 6332 Frenchs Hollow Road
Chairman Feeney announced that this was a public hearing on the final plat of a proposed 2 lot subdivision of 6.1 acres. Zoned Agriculture. Laurie Saluzzo-Cox presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of the Loretta Saluzzo-Cox will be heard on Wednesday, October 11, 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 the 6.1 acres.
The general location of the site is at 6332 Frenchs Hollow Road
The property is zoned: Agriculture
Tax Map # 39.00-2-55.1
Plans are open for inspection, by appointment, at the Planning Department during normal business hours.
Dated: September 26, 2006
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Saluzzo-Cox - 6332 Frenchs Hollow Rd.
This is a final presentation to cut a 2.5 acre building lot from a 6 acre existing home site. There is public water to the site but a private septic system must be installed. Parcel addresses must be shown on the signature plat. No objection to final approval.
Laurie Saluzzo-Cox presenting: My house is located on the 3.41 acres and now I would like to cut a 2.5 acre building lot to potentially build a house for my parents in the future.
Chairman stated: This is pretty straightforward.
Chairman asked for any comments from the Board and there were none.
Chairman asked for any comments from the audience.
Gail Hain, 6468 Frenchs Hollow Road, wanted to bring up some points about the rural character of Guilderland.
Ms. Hain was also concerned about the zoning change. To cut a 2.5 acre building lot on that site would mean that it will no longer be zoned agricultural, but instead residential.
Ms. Weston explained: That single-family houses are permitted in agricultural zoning areas and that the two-family home was grandfathered in.
Chairman added: We could not legally deny this subdivision. Cutting up six acres would not affect farmland except that it would be small.
Allen Fogel, Elizabethfield Way, had some interests in the structure that will be going up on the new parcel and questioned whether there any restrictions regarding the type of property as in rental property verses a single family dwelling?
Ms. Weston explained: The restriction is that it has to be a single family house and it can be rented out.
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 a 2 lot residential 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 this two lot subdivision on Frenchs Mill
Road with the following conditions:
· Town Highway Superintendent approval for any new curbcut
· Town Water & Wastewater Superintendent approval (with building permit application).
· Albany County Health Department approval (with building permit application).
· $1,500.00 per dwelling unit - Park & Recreation Fund (with building application).
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
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CASE OF WHALEN - 3 Brooks Road
Chairman Feeney announced that this was a public hearing on the final plat of a proposed 2 lot subdivision of 2.8 acres. Zoned R-15. Michael Whalen presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of the Michael Whalen will be heard on Wednesday, October 11, 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 2.8 acres
The general location of the site is at 3 Brooks Road
The property is zoned: R-15
Tax Map # 52.10-1-1.3
Plans are open for inspection, by appointment, at the Planning Department during normal
Business hours.
Dated: September 26, 2006
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Whalen - Brooks Road
The applicant has submitted a final plat to cut a new building lot off an existing 2.8-acre parcel. The major issue was access and the applicant has submitted documentation showing that he owns Brooks Road.
Our ordinance does allow for the sharing of an existing private road but a maintenance agreement should be submitted prior to final signature. No objection to final approval.
Michael Whalen presenting: I am proposing to cut the 2.8-acre into 2 lots and build a new house on the second lot. One of the concerns that the Board had at the last meeting was the question on who owns Brooks Road. I have met with Carol Winooski, Assessor, and had a brief meeting and found out that we do own Brooks Road. This road gives access from Camp Terrace to the 2.8-acre parcel.
Another question that was brought up by the Board was: Does Brooks Road cross any property lines of neighboring parcels?
Mr. Whalen explained: After the surveyors drew up the final plat, it was determined that Brooks Road crosses the corner of the adjacent property owned by Gerald Miller. The final plat shows that the road will be relocated so that it will no longer cross Mr. Miller's property.
Chairman asked: Can the proposed driveway to the new house, where it connects to the existing drive, be a more gradual turn rather than a sharp 90 degree turn.
Mr. Whalen explained: The turn radius was adjusted to show a gentler curve.
Chairman stated: I have comments from William West, Superintendent of Wastewater & Water, and they read as follows: For the Brooks Subdivision the plans should show the proposed connections, easements, and water and sewer. The mitigation fee will apply.
Chairman added: Your plans show no reference to the easement and no indication of where you will be hooking into the water. The easement runs to the front of the existing dwelling on lot 2 down the existing drive and then back down to Camp Terrace
Mr. West is going to want to see the utilities and the easements to be shown on the plans.
Mr.Whalen explained: I did speak with Mr. West earlier this year about the sewer & water hookups
Chairman added: I am still unclear about Brooks Road. The survey itself does not indicate ownership, and we will still need the ownership or rights of access to Brooks Road to be shown on the map.
Also, a maintenance agreement for all the users of Brooks Road needs to be shown on the plans.
Terry Coburn mentioned: Because of the special circumstances on this, would we be looking for no further division of the lots because of the easements.
Lindsay Childs stated: There should be a reference or a note on the map that indicates that easement and where it is recorded.
Also, I would request that the Fire Department review the plans to make sure that they will have no problems of getting in there.
Chairman asked for any comments from the audience and there were none.
Chairman Feeney made a motion to continued the hearing on the proposed two lot subdivision on Brooks Road with the following items that should be addressed:
- Ownership or rights of access to Brooks Road must be shown.
- Water and sewer easements must be shown on the map along with proposed size
and location of taps.
- A letter from the Fire Department approving the design of the access.
- A maintenance agreement for all users of Brooks Road.
- A note on the plan stating that no further subdivision of the lots will be
Permitted.
The motion was seconded by Michael Cleary and carried by a 7-0 vote by the Board.
************************************************************************MEETING ADJOURNED: 9:00 P.M.
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TOWN OF GUILDERLAND
PLANNING BOARD
October 11, 2006
CASE OF RUCCI - 3157 E. Lydius Street
CASE OF SALUZZO-COX - 6332 Frenchs Hollow Road
CASE OF WHALEN - 3 Brooks Road
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