TOWN OF GUILDERLAND
PLANNING BOARD
Wednesday, June 27, 2007
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
Thomas Robert
Jan Weston, Planning Administrator
Linda Clark, Counsel
ABSENT: Lindsay Childs
Terry Coburn
Michael Cleary
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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 28, 2007, with a few minor corrections. The motion was seconded by James Cohen and carried by a
4-0 vote by the Board
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MATTER OF BRUST – 155 Route 146
Chairman Feeney announced that this was a concept application for a 2-lot subdivision of 15 acres. Zoned RO40. James Burst presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Burst – Route 146
The applicant owns a 15 acre parcel that currently has a single-family home along the Route 146 frontage. He would like to cut this house and 40,000 sq ft. of land from the site to sell to his daughter. The balance of the land is wooded and gently slopes upward in the rear. It also contains a stream that runs through the western third of the parcel. Although the applicant has no plans for the land at this time, there is sufficient access and setbacks for additional building lots. No objection to concept approval.
James Brust presenting: This was my father’s house that sits on a 15.3 acre parcel of land. I would like to sell the house to my daughter and son-in-law on a 1-acre lot and the balance of the land would just remain vacant. I have no plans at this time to build on it.
Chairman asked about the water and septic.
Mr. Brust explained: We have town water and a septic tank.
Chairman stated: We will need to see the location of the existing septic tank and field location on the final plat.
Chairman asked for any comments from the Board and there were none.
Mr. Brust asked about how much of the land needs to be surveyed.
Chairman explained: The whole lot has to show but the actual survey only needs to be the new lot.
Chairman asked for any comments from the audience and there were none.
Chairman made a motion to approve the concept for a two-lot subdivision on Route 146.
The motion was seconded by James Cohen and carried by a 4-0 vote by the Board.
MATTER OF BLACK CREEK ASSOCS. – 3485 Lydius Street
Chairman Feeney announced that this was a concept application for a 2-lot subdivision of 34.9 acres. Zoned R40. Paul Sciocchetti presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Black Creek Assocs - 3483 Lydius Street
The applicant has applied for concept approval to cut the existing farmhouse and outbuildings along with 5 acres of land from the remaining 31 acre parcel. The land is cleared, flat farm fields with no public water or sewer. No objection to concept approval.
Paul Sciocchetti, Esq., Sciocchetti & Associates, PPLC, presenting: I am a member of the Black Creek Associates. The applicant is purchasing this piece of property located on Lydius Street and the property is owned by Victoria Wells. Our application is to subdivide the property into 2 lots. One lot is approximately 30 acres and the other lot is about five to six acres. The property line may change a little bit and will provide a final map once I get in touch with the surveyor.
The property is currently serviced by a well and septic and will continue that way. There is a proposal to sell the larger parcel, once we acquire title, directly to the nature conservancy and then transferred over to the Albany Pine Bush Preserve. In any event, we are under contract to sell that parcel and intend on following through with that contract.
The parcel that we are keeping, we do not have any plans of developing at all other than to take down some structures that are falling down. There is an existing house there that you cannot live in.
We had an ecological assessment done of the property by the Chazen Group back in May of 2006 and their conclusion was that there are no karner blue butterflies but blue lupines were observed within the boundaries of the whole entire parcel. There is a small amount of wetlands along the western portion along Lydius Street in front of the current structures. There is a small pond and I believe that the pond feeds from the stream and the stream feeds the pond of what is part of the Hungerkill, and that runs from the western corner of the property up through the eastern corner of the property.
We have no intentions of further subdividing the five acre parcel other than to have a larger home built.
James Cohen wanted to know if there is a curbcut.
Mr. Sciocchetti explained: There is an existing driveway that comes in to the property.
Chairman stated: That this is pretty straightforward.
Chairman asked for any comments from the audience.
Neil Gifford Albany Pine Preserve Commission, submitted a letter regarding this subdivision, dated June 21, 2007. (On File)
This parcel is located within an area recommended for Full Protection. The proposed subdivision does represent reasonable compromise based on the willingness of the seller.
The Commission’s Technical Committee and staff have reviewed the plans for the smaller lot. The following comments and recommendations are offered in response to the plans provided.
1.The smaller 5-acre lot appears to contain an intact sand dune. We recommend that if the Planning Board approves the subdivision and/or any subsequent development within this lot, that deed restrictions be placed to permanently prevent alterations to the existing topography.
2. Protect the wetlands and approved development in this area should attempt to retain as much of the existing native vegetation as possible.
4. Approved development in this area should attempt to retain as much of the existing native vegetation as possible, eliminate known non-native invasive plants and incorporate locally derived native species plantings to the greatest extent practicable.
4. It is requested that any available sand excavated during site development be donated to the Commission.
5. Outdoor lighting should be limited by using downward facing, enclosed high-pressure sodium vapor lights rather than mercury vapor lights.
6. Establish a Smoke Easement or notification to property owners.
Chairman explained: The smoke easement is really not an easement. It would be just a notification to the property owners that they understand that prescribed burning on preserve lands causes smoke that may impact their property.
Linda Clark, Counsel wanted to know if you are looking for conditions to be attached to that` smaller parcel? Are you looking for dune protection on the smaller parcel?
Mr. Sciocchetti said yes, I am. Protection for the dunes and the wetlands in particular.
Chairman stated: Conceptually, I see no problem with what is being proposed.
Chairman asked for any comments from the audience and there were none.
Chairman entertain a motion to approve the concept for Black Creek, two lot subdivision on Lydius Street.
The motion was seconded by Paul Caputo and carried by a 4-0 vote by the Board.
MATTER OF STRASSBURG - 1-3 McKown Road
Chairman Feeney announced that this was a continued concept review of a proposed 4 lot subdivision of 1.13 acres. Zoned R10. Zareh Altounian presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Strassburg - 1-3 McKown Road
The concept for this proposed 4 lot subdivision was last continued because of drainage concerns and questions regarding the contaminated tanks at 1536 Western Avenue. The applicant has submitted a Groundwater Monitoring report and a TDE was assigned to review the drainage. The TDE has approved of the intended drainage solution, at least in concept, and I would recommend approval so that a full drainage plan for the project can be designed and reviewed.
Chairman Feeney stated for the record: We have comments from the Guilderland Conservation Advisory Counsel, dated February 26, 2007, and to summarize their
conclusion read as follows: So long as tree cutting is kept to a minimum and appropriate measures are taken when lots are graded and developed to guarantee that storm water management guidelines are followed, GCAC does not perceive any real negative impact to the environment if this parcel is subdivided and developed other than adding possibly three more households to the neighborhood with the resulting increase in use of Town resources.
We have letters from the last meeting, from Henry and Terry Tedeschi, and Mary F. Smith, and their concerns mostly was with the drainage. A letter from Precision, William Christensen, in regards to the spill response. (On File)
Zareh Altounian presenting: The subdivision is the same as last time. The two issues that we needed to address was the gas leak on Western Avenue side and we have submitted a copy of the report from DEC.
Chairman stated: It is still an open file and still an open spill? I don’t think that we will be able to resolve that issue this evening.
Mr. Altounian stated: In the report the spill is migrating towards the east.
Ms. Weston explained that the full report is on file.
Mr. Altounian added: The second issue was the stormwater drainage. We received a letter from Barton & Loguidice, PC in regards to the stormwater management and in their report the TDE has approved the drainage solution in the concept approval.
Chairman stated: This still needs to be engineered and at some point the TDE can address their comments. There are still concerns with the water and the drainage. Apparently, what they are proposing is that the ponding on the one property would be eliminated.
One question I have is, is it going to be an underground draining system or swale?
Mr. Altounian stated: The engineer will have that information at the next submittal.
Donald Fletcher, Barton & Loguidice, summarized the letter that was submitted. The concept of grading the site to drain north to south towards Westlyn Place is appropriate since the current lands slope in that direction. The applicant intends to complete drainage improvements along the north side of Westlyn Place to convey the drainage from this project to the existing town owned storm sewer system at the intersection of Westlyn Place and Westlyn Court. The applicant has discussed roadside swales and the driveway culverts while the highway superintendent prefers a closed storm sewer system. Conveyance to this exiting system appears appropriate. The method of conveyance would have to be determined during final design as well as the available capacity of the existing system. If the existing system does not have capacity,
improvements would need to be completed by the applicant. Currently stormwater ponds at the southeast side of the site as well as on neighboring lands of Nabadoski. The project would eliminate this ponding when making the improvements along Westlyn Place. (On File)
The applicant would need to submit calculations as well as pre-development versus post development stormwater flows, conveyance methods along Westlyn Place and capacity of the existing downstream storm sewer system.
Chairman asked for any comments from the audience.
Henry Tedeschi, Westlyn Place, stated: The information that I have is that a lot of my neighbors basements gets flooded and are very upset about the partial solution that was mentioned. Also, I am very concerned about the traffic.
Chairman stated: We cannot make the applicant resolve all the drainage problems that may be in the neighborhood.
They are looking to correct the ponding when making improvements.
Lynn Nabadoski, Westlyn Court, was concerned about the parking along the side street. The road is very narrow now and I am concerned about the building of a ditch. The water table is so high now and there will be just standing water. Also, this side of the block is the low point. To consider draining the entire block, I am concern that the water will just come to my house and with the ditch; my house will be only 10 ft. away.
We don’t have the same street width as the other roads, and I am concern about the ditch being so close to my house, and do not have sidewalks for the pedestrians to walk. It is dangerous for children to walk down the street during the business hours when traffic is cutting through to go through the Woodscape development and cars parked on that street. I don’t believe that swale should be even allowed as part of this concept. It needs to be an underground system.
Tony Sroka, Westlyn Place, stated: I also agree that it should be an underground system. Even then it is going to be very critical as to where the sewer caps goes. The drainage system along Westlyn Court, every spring they flood.
Chris Van
Chris Van Epp, Westlyn Court, the corner of McKown and Westlyn Place, had serious flooding for the past five years that I have lived here and still continue to have flooding when we have bad rainstorms. The traffic is a problem also.
Sue Brown, Westlyn Place, was concerned about the drainage and talked about the storm drainage and their full capacity. I believe that you need a much larger enclosed system.
Chairmen ask for any more comments from the Board.
Paul Caputo would like to see an underground system for this to move further. I don’t know if the culvert would work there logistically as well as functionally.
Chairman stated: As far as drainage, we will need to see a capacity evaluation. We will have to look at the drainage closely and see what needs to be done to accommodate it. We will not be able to resolve basement flooding.
There was further discussion on the drainage.
Chairman stated: We will need to have a full drainage plan for the project. If you are going to propose a swale we will need to know the water table level.
Thomas Robert stated: We need to let the neighbors know that we will look at this very carefully.
Sue Brown wanted to know if you could run the storm sewer down Westlyn Place to Mckown Road?
Chairman stated: They will look at all the potential options of conveying the water. We will leave this up to the engineers and then listen to their recommendations
.
We will also still talk with DEC regarding the spill.
Chairmen entertain a motion to accept the TDE recommendation that we grant approval to the concept and get some of the hard engineering on the way.
The motion was seconded by Thomas Robert and carried by a 4-0 vote by the Board.
MEETING ADJOURNED: 8:45 P.M.
TOWN OF GUILDERLAND
PLANNING BOARD
June 27, 2007
BRUST – 155 Route 146
BLACK CREEK ASSOCS. – 3485 Lydius Street
STRASSBURG – 1 –3 McKown Road
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