TOWN OF GUILDERLAND
PLANNING BOARD
May 23, 2007
Minutes of meeting held Guilderland Town Hall, Route 20, Guilderland, NY 12084 at 7:30 P.M.
PRESENT: Stephen Feeney, Chairman
Paul Caputo
James Cohen
Theresa Coburn
Jan Weston, Planning Administrator
Linda Clark, Counsel
ABSENT: Thomas Robert
Michael Cleary (late)
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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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Note: Murray – 1807-1809 Western Avenue cancelled
MATTER OF EWING – Old State Road
Chairman Fenney announced that this was a revised concept for a 2 lot subdivision of 61.6 acres. Zoned RA3. Richard Ewing presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Ewing - Old State Road
The applicant has modified his original request for 4 lots and is now only requesting to cut the existing house from the remaining 61 acre parcel. This will enable him to build a new home for his family at the rear of the parcel without impacting the stream or wetlands. No objection to concept approval.
Richard Ewing presenting: I am subdividing 2 lots instead of 4 lots. One lot will be for the existing house and the other remaining 50 acre parcel will be the second lot.
Chairman stated: Did you have a perk test done?
Mr. Ewing said yes. The perk test was done for the septic system and it will be a conventional system.
Chairman added: You will need to show the location of the well and the septic on the plans and also the building envelope, and the setbacks and the location of the driveway.
Chairman asked for any comments from the board.
Terry Coburn wanted to know how wide is the driveway that you are showing?
Mr. Ewing said: It is approximately 15 ft. wide.
Chairman explained: Because of the length of the driveway it has to be designed and constructed to withstand emergency vehicles.
You will need to show a cross section of the driveway and how it is going to be constructed to withstand the emergency vehicles.
Mr. Ewing explained: The driveway is already there now.
Chairman stated: Then we will need a note regarding the approval of the construction of the driveway from the fire chief.
Chairman asked for any comments from the audience and there were none.
Chairman Feeney made a motion for concept approval in the matter of 2 lot subdivision on Old State Road.
The motion was seconded by Terry Coburn and carried by a 5-0 vote by the Board.
MATTER OF CATHELL – Church Road
Chairman Feeney announced that this was a concept presentation of a proposed 6 lot subdivision of 7.6 acres. Zoned R-40. Skip Francis presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Cathell - Church Road
The applicant has submitted a concept plan for a 6 lot subdivision of his 7.6 acre parcel. The site, which is elevated from Church Road, contains the applicant’s house. It is bowl-like with the center mostly cleared and the periphery sloping upward and treed. I have the following comments:
- All the lots meet the zoning requirements and will be serviced by public water and sewer.
- A street must be less than 1 ½ % grade at an intersection. Because the site is higher than the roadway, the proposed cul-de-sac will have to be designed to this requirement and may require a significant cut to meet the grades.
- A grading and clearing plan must be submitted along with an erosion and sedimentation control plan. There have been past problems when this site was under construction with considerable amounts of soil running into Church Road and the neighboring property.
- All effort should be made to preserve the remaining vegetation on this property.
No objection to concept approval.
Skip Francis presenting: We have approximately 7.6 acres and show a 6 lot subdivision with a cul-de-sac roadway to meet the town standards. The intent is to eventually dedicate it to the town with the 60 ft. right-of-way and 30 ft.wide street. We provided all the building setback requirements for each lot. Public water and sewer will service the lots.
The existing home is located at the northeast corner of lot 4. The new street would require a new cut to get to Church Road and it would be very near the existing cut right now that is Mr. Cathells The intention would be that lot 1 would utilize this existing driveway at this time, and lot 2 through 6 driveways would access the cul-de-sac street..
The topography slopes from north to south towards Church. Conceptually, we have determined the storm water management practice for this to be an infiltration basin. A grading plan will be submitted along with a erosion and sedimentation control plan.
Chairman asked: Do you want to keep the driveway for lot 1?
Mr. Francis explained: The driveway for lot 1 would access Church Road directly and
lot 6 driveway would access the cul-de-sac and not require any driveway to Church.
Chairman asked for the location of the storm water basin and how would that be maintained by the town?
Mr. Francis stated: There would be a maintenance easement dedicated to the town and could easily be maintained privately.
Chairman stated: The town’s standard is that the town would want to own the stormwater management facility.
Chairman added: You will need to show the limits of grading and clearing.
Terry Coburn asked about the turning of the plow trucks.
Chairman explained that it would have to meet all o f the towns standard.
Lindsay Childs asked about the second cut. The driveway that runs next to Church Road next to the house up to the cul-de-sac, why couldn’t they add to that driveway and then go onto the cul-de-sac instead of Church Road.
Terry Coburn asked about the preservation of the tree line. Are you planning on doing that?
Mr. Francis stated: At this time, we do not foresee any major changes to the existing tree line. The only trees that will be cleared is when we do the street cut to Church Road.
Chairman asked for any comments from the audience.
David Lawlor, Church Road, addressed the Board with photos of the project that was under construction since 2005. My house and my family has been greatly impacted by his lack of concern and attention to details on that second driveway.. It is directly in front of my front door.
My concern is the culvert. The culvert is too deep and when the culvert gets full of garbage, where does the water go. Usually, back onto my property.
I would ask the Board if they can have that second driveway move 10 ft. either way so that it does not impact me directly.
Richard Satalino, Corner of Church and Johnston Road, had pictures of the water problems also and I am very concerned about the water and dirt coming out of these new parcels impacting my property.
Chairman explained: If there is any violation, the neighbors should contact the town.
Randal Taber, Johnston Road, stated: The rear of my parcel abuts one of the cuts, lot 3. I am concern about the drainage situation. When it rains hard, the water comes down like a river onto Johnston Road. The current situation is still not handling the drainage correctly. The Church Road pipe cannot handle the system. It always overflows.
Also if this is approved, I hope that they leave as much of the tree line as possible in order to preserve the privacy of the homes that has been established there.
Bill Maffia, Johnston Road, would like the dead trees taken down on lot 3 along the tree line, before they do any damage.
Chairman asked Mr. Francis to clarify the slope on lot 3. What is your intent for the grading line on lot 3.
Mr. Francis explained: The grading plan has not been prepared. I do plan to stay under 5 acres. The total land disturbance would be less than 3 acres.
Dru Cathell explained: Our desire and design is not to do any clearing around the perimeter and will not be removing any of the trees. We will look at the driveway and see if we can move it further.
I will be glad to response to any neighbors who calls about the rainwater. I don’t think that there is any water that comes out of my driveways that crosses Church Road. We have been trying to address that.
Lot 6 will be the only lot that will have substantial clearing.
There was further discussion about the drainage of the water.
Mr. Francis explained: The ditch on the north side of Church flows to the west and there is an existing culvert that crosses Church just west of Mr. Lawlor property. The pipe that is there now is a 12” pipe and will probably be the same size that is there now.
Paul Caputo asked if that was adequate right now. It seems that there is still some issues.
Chairman stated: We will need to see a grading plan and the applicant will need to provide a detail erosion sedimentation control plan and the stormwater management plan.
Mr. Lawlor still was concerned about the driveway and still concerned about when the culvert gets full of debris, it will back up onto my property again.
Chairman stated: I understand that the proposed driveway is located about 30 ft. further to the west of the abandoned drive and does that take the driveway further away from the neighboring property.
Mr. Francis said that it would be further away from the neighboring property.
Chairman added: The Town’s Designated Engineer will have to review the plans, and the drainage, and the stormwater prevention plan, and the erosion and sedimentation control plan.
Also, can you on your survey pick up any driveways or any fronts of houses on the opposite side of the street, to give us an idea of the location of the other homes.
The next plan should be more detailed in showing the grading and clearing and the actual improvements of the road and there may be more shifts in the lot lines.
Chairman made a motion to approve the concept. The motion was seconded by
Paul Caputo and carried by a 6-0 vote by the Board.
SITE REVIEW – Reed – 200 Foster Lane
Chairman Feeney announced that this was a site plan review to allow a kennel on the property. Zoned RA3. Rebecca Reed presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Reed - 200 Foster Lane
The applicant has requested a special use permit to allow a non-commercial kennel for the breeding of her dogs. The parcel is 7 acres with the perimeter being heavily wooded. Except for two residential neighbors along Frenchs Mill Road, the bordering lands contain Keenholts Park, the Town’s animal shelter, the Town Highway garage and the Helderberg reformed Church. No planning objections.
Rebecca Reed presenting: I have requested a special use permit to allow a non-commercial kennel for the breeding of my dogs.
James Cohen wanted to know if any dogs get out and run on the neighbor’s property.
Ms. Reed explained: In the wintertime, they will go out to the length of the driveway, and I have one neighbor who the dog barks at.
Lindsay Childs wanted to know how many dogs do you expect to have altogether..
Ms. Reed said: The number of dogs at this residence has always far exceeded the town’s limit. There are nine Great Danes and several smaller dogs and would like to have a litter of pups.
Chairman stated: This is pretty straightforward.
Chairman asked for any comments from the audience and there were none.
Chairman recommended approval of the site plan in the matter of Rebecca Reed, 200 Foster Lane, to allow a non-commercial kennel.
The motion was seconded by Paul Caputo and carried by a 6-0 vote by the Board.
SITE PLAN – BERNARD – 3526 Carman Road
Chairman Feeney announced that this was a site plan review for a home occupation/bicycle shop. Zoned R15. Monte Bernard presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows
Bernard – 3526 Carman Road
The applicant has requested a special use permit for a home occupation that would allow him to use his garage for a bicycle repair shop. The building was formerly a service station that was converted to a small apartment with a one bay garage. There is adequate parking on site. No planning objections to the repair business but his narrative suggests that he would also be selling bikes from this location which would not be permitted.
Monte Bernard presenting: The building is a former service station. The bicycle repair shop would be in the small garage area. The rest of the building is a studio apartment that I have lived in for over two years. The hobby is seasonal. I have a large paved parking area, but would have a minimal amount of traffic.
Chairman stated: This is pretty straightforward.
Chairman recommended approval in the matter of Bernard – 3526 Carman Road for a home occupation/bicycle shop.
The motion was seconded by Paul Caputo and carried by a 6-0 vote by the Board.
MEETING ADJOURNED: 8:45 P.M.
TOWN OF GUILDERLAND
PLANNING BOARD
May 23, 2007
EWING – Old State Road
CATHELL – Church Road
REED – 200 Foster Lane
BERNARD – 3526 Carman Road
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