TOWN OF GUILDERLAND
PLANNING BOARD
Wednesday, April 25, 2007
Minutes of meeting held at the Guilderland Town Hall, Route 20, Guilderland, NY 12084 at 7:30 P.M.
PRESENT: Stephen Feeney, Chairman
James Cohen
Lindsay Childs
Michael Cleary
Thomas Robert
Jan Weston, Planning Administrator
Linda Clark, Counsel
ABSENT: Terry Coburn
Paul Caputo
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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.
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CASE OF MOHAWK VILLAGE APARTMENTS – 1-5 OKARA DRIVE
Public Hearing of the final plat to cut the existing single-family home off from the remaining apartment complex. Zoned MR. Frederick Clark presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of the Mohawk Village Apartments will be heard on Wednesday, April 25, 2007, 7:30 p.m. at the Guilderland Town Hall, Route 20, Guilderland, New York 12084 for the purpose of obtaining final approval for an unnamed subdivision.
Such subdivision is proposed as cutting the existing single family house from the remaining apartment complex.
The general location of the site is at 1-5 Okara Drive.
The property is zoned: Multiple Residence
Tax Map # 39.07-1-19
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:
Mohawk Village Apartments – Okara Drive
The applicant has requested final approval to subdivide the existing single family house from the remaining apartment complex. All site conditions are existing. No objection to final approval.
Chairman noted for the record: We received recommendation from the Albany County Planning Board, dated April 19, 2007, and reads as follows: No significant countywide or intermunicipal impact. This board has found that the proposed action will have no significant countywide or intermunicipal impact. Defer to local consideration.
Frederick Clark presenting: The new owner wants to separate the house from the apartment complex. It should be noted that historically, that the house was a separate lot, and then it was consolidated into the apartment complex some years ago. The Town of Guilderland treats the house separately from the apartment complex for assessment purposes, as it has been assigned tax assessment rather than as a commercial/apartment property.
The house parcel is self-supporting with direct street access and utility service.
Chairman asked if it was a rental office.
Mr. Clark said yes. It is a rental office and a caretaker residence.
Chairman stated. There are no issues except that there is a proposed ingress/egress easement that the new lot will be granted to the back area.
Mr. Clark explained: Once the subdivision is completed we will grant the easement to the new home.
Chairman asked for any comments from the audience and there were none.
Chairman entertained a motion to close the hearing. The motion was seconded by Michael Cleary and carried by a 5-0 vote by the Board.
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, which the applicant has filled out, and the minor nature of the subdivision.
The motion was seconded by Thomas Robert and carried by a 5-0 vote by the Board.
Chairman made a motion to approve the final plat for Mohawk Village Apartments, 1-5 Okara Drive, with no conditions.
The motion was seconded by Michael Cleary and carried by a 5-0 vote by the Board.
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MATTER OF ROMANO – Route 158
Chairman Feeney announced that this was a public hearing on the final plat of a proposed 4-lot subdivision of 14.7 acres. Zoned RA-3. Timothy Elliott, PLLC presenting.
Linda Clark, Counsel read the Legal Notice as follows:
The case of the Lisa Romano will be heard on Wednesday, April 25, 2007, 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 four lots cut from 14.7 acres.
The general location of the site is at 6990 Route 158.
The property is zoned: Rural Agriculture -3
Tax Map # 26.00-3-49
Plans are open for inspection, by appointment, at the Planning Department during normal
business hours.
Dated: April 10, 2007
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Romano - Routes 20 and 158
The applicant has submitted a final plat to divide 14.7 acres into 4 lots, one for the existing house plus three additional building lots. I have the following comments:
- The Fire Department has requested a 12 ft. driveway with a turnaround. A cross section of the proposed shared driveway should be shown on the plat. Also, a shared access and maintenance agreement should be submitted.
- The applicant had a wetland survey done and the locations have been included on the survey map. They do not appear to encroach on any building envelope.
- Although two of the proposed septics do not meet the 500 ft. distance from the Reservoir, the locations will be graded as to slope away from the Reservoir. The City of Watervliet has written a letter in opposition to this placement
- A grading and clearing plan has been submitted along with the required SWPPP.
- The signature plat must contain addresses for each new lot.
The applicant has made a reasonable attempt at mitigating the environmental concerns. No objection to final approval.
Chairman noted for the record: I have comments from the Guilderland Conservation Advisory Council, dated November 4, 2006, and summarized as follows:
GCAC feels that this subdivision does not pose any major environmental problems due to the size of the proposed lots. If necessary to avoid wet areas as well as adverse effects created by the natural contours of the parcel and limitations of the soil, the sites of the septic systems and the exact building locations could be altered.
I have comments from the Albany County Planning Board, dated April 19, 2007, and their recommendation read as follows: Modify local approval to include:
1. The location of wells and septic should be evaluated by Albany County Department of Health as part of the sub division of the land.
2. Review by the New York State Department of Transportation for design of highway access and assessment of road capacity.
3. Notification to the City of Watervliet due to the fact that the parcels are directly adjacent to the Watervliet Reservoir.
4. Review by the New York State Department of Environmental Conservation to determine regulatory jurisdiction pursuant to Article 24, Freshwater Wetlands, which are located adjacent to the property on the east.
5. Review by the U.S. Army Corps of Engineers to determine regulatory jurisdiction under Section 404 of the Clean Water Act.
Advisory Note: As a matter of policy, the ACPB recommends municipalities try to
avoid flag lot layouts within subdivisions whenever possible.
A memo from the Department of Water & Wastewater Management, William West,
dated March 23, 2007 and read as follows:
Pursuant to comments: A fire hydrant will be located as close as possible to the
Driveway to accommodate PGFD comments. This will be done during the design phase
of project at which time both Guilderland Center Fire Department and Pine Grove Fire
department will be consulted for input with regards to entire project fire protection. In
addition, applicant will/should provide proposed water service locations for each lot.
I received a letter from City of Watervliet, dated March 7, 2007, and read as follows:
Please allow this letter to act as the City of Watervliet’s disapproval of the Romano Rt.
158 subdivision plan that was discussed at the Wednesday February 28, 2007
Planning Board meeting. The subdivision was approved in concept at that time. I am sure
that you are aware that the subdivision property changes lie within the buffer zone that is
recommended by the proposed New York State Department of Health Regulations for
the Protection from Contamination of the Public Water Supply of the Watervliet
Reservoir, Albany County. The City of Watervliet does not approve of any construction
located within the State mandated buffer zones.
Please contact me with any further concerns regarding this matter.
Sincerely,
Mark Gleason, General Manager
I have a memo from the Office of Fire Prevention and Fire Investigation, Donald
Albright, dated March 15, 2007, in reference to: The Pine Grove Fire Department has
requested that a 12-foot driveway with a turnaround be built at your property on
Route 158.
Timothy Elliott, PLLC, presenting: They are subdividing 14.7 acres into four residential
Lots and there is an existing house on the one lot. They have established a 50-foot wide no-cut buffer zone along the property boundary, which abuts the reservoir. There will be no fertilizer, or pesticides utilize into that 50 ft. zone along the edge of lot 4 and lot 2. There has been a deed restriction proposed that will go with the land. In addition, the building setback for the reservoir side of the property is one hundred feet, twice the distance required.
All three proposed septic locations have been perked and approved by the Albany County Health Department. `
There is approval from the Department of Transportation for the driveway entering onto Rt. 20 and on Rt. 158. Since our last appearance before the Board, we added the limits of grading and clearing as indicated on the map. The Stormwater Pollution Prevention Plan has been submitted and did show on the map the areas of wetlands.
Also, I made an application to the Army Corps of Engineer for a permit to have a driveway across the wetlands on lot #4 and to install a culvert for the wetlands to continue beneath the driveways.
In regards to the letter from City of Watervliet, I would like to bring to the Board’s
attention that the reference that they are making to the recommendation to
the Health Department Regulations for the Protection from Contamination of the Public
Water Supply of the Watervliet Reservoir. That was a 1993 proposed piece of
Legislation that was never passed. My client and I met with Mark Gleason and the
City’s Attorney and they told us that they raised an objection in any situation where there
was a septic place within 500 ft. of the reservoir.
James Cohen stated: What is their current law for septics?
Mr. Elliott stated: the State’s current law for the septic tank is 300 ft. from the reservoir
and that is why Albany County has approved it. The Town of Guilderland requirement is
500 ft. under the subdivision law.
Chairman stated: Our regulations are 500 ft. from the reservoir. It depends on what is
open water verses the wetland area.
Chairman explained: The applicant has provided a Storm Water Prevention Plan and the
Army Corps of Engineers has been given notice but has not commented as yet. There is a crossing on lot 4 which would cross substantial wetland area where there will be two 36” culverts crossing a distance. We would need a culvert construction details to be shown
on the final plat.
We would delay in giving final approval until we know what the Army Corps of
Engineer would say just in case the map needs to change to reflect something that they
want to show. No one has been out there to verify the wetland boundaries.
Lindsay Childs told Mr. Elliott that your wetlands on this map are about as rough as any
I have seen in a long time. According to the wetland delineation, you could actually run
the driveway for lot #4 between the places that indicate wetlands and not disturb any
wetlands at all.
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 noted for the record: The applicant provided Stormwater Pollution
Prevention Plan, a short environmental assessment form, a wetlands delineation has
been perform for the site. The Army Corps of Engineers has been given notice but has not commented as of yet. The setbacks have been shown from the Watervliet Reservoir and the wetland area and does comply with the minimum setback requirements. There has been a deed restriction proposed and the language would be shown on the final plat.
Chairman made a motion to close the hearing and the motion was seconded by
Thomas Robert and carried by a 5-0 vote by the Board.
Chairman made a motion for SEQR Determination in the matter of Romano – Rt. 158 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,
· the comments of the Guilderland Conservation Advisory Council,
· the environmental short form which the applicant has filled out,
· the provision for a 50 ft. no disturbance deed restricted area adjoining the reservoir property,
· the submittal of the Stormwater Pollution Prevention Plan and pending review of the wetlands impact by the Army Corps of Engineer, in compliance with Public Health Law Reservoir setbacks,
· locations has been reviewed by the Albany County Health Department and to meet the 300 ft. setback required by the public health law.
The motion was seconded by Thomas Robert and carried by a 5-0 vote by the Board.
Chairman made a motion to approve the preliminary plat of this four lot subdivision
with the following conditions:
· Army Corp of Engineers response per Nationwide Permit Program
· Culvert construction detail to be shown on final plat
· Driveway cross section to be shown on final plat
· Deed restriction language submitted.
· Albany County Health Department approval (with building permit application)
· NYS Department of Transportation approval (for any new curbcut)
· $1,500.00 per dwelling unit – park & recreation fund (with building permit application)
· 50 ft. of no disturbance area along the easterly property boundary
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The motion was seconded by Thomas Robert and carried by a 5-0 vote by the Board.
************************************************************************MEETING ADJOURNED: 8:10 P.M.
TOWN OF GUILDERLAND
PLANNING BOARD
April 25, 2007
MOHAWK VILLAGE APARTMENTS – 1-5 Okara Drive
ROMANO – Route 158
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