TOWN OF GUILDERLAND
PLANNING BOARD
January 14, 2009
Minutes of meeting held Guilderland Town Hall, Route 20, Guilderland, NY 12084 at 7:30 P.M.
PRESENT:
Stephen Feeney |
Chairman |
Paul Caputo |
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James Cohen |
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Thomas Robert |
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Michael Cleary |
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Lindsay Childs |
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Linda Clark |
Counsel |
Jan Weston |
Planning Administrator |
ABSENT:
Terry Coburn
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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 December 10, 2008 minutes with few minor corrections. The motion was seconded by Thomas Robert and carried by a 5-1) vote by the Board. (Paul Caputo abstained)
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CASE OF WACHTEL – 5 Marian Court
Chairman Feeney announced that this was a public hearing on the final plat of a two lot subdivision of 2.7 acres. Zoned R20. Peter Wachtel presenting.
Linda Clark, Counsel read the Legal Notice as follows:
The case of the Peter Wachtel will be heard on Wednesday, January 14, 2009, 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 creating an additional building lot behind the existing two family house.
The general location of the site is at: 3 – 5 Marian Court
The property is zoned: R-20
Tax Map # 37.15-2-6.1
Plans are open for inspection, by appointment, at the Planning Department during normal business hours.
Dated: December 30, 2008
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Wachtel – Marian Court
The applicant has submitted a final plat for a 1.1 acre parcel off the rear of this 2.6 acre site which currently contains a duplex. Both lots meet the required zoning for both the duplex and the keyhole lot. The Village of Altamont has voiced no objection to the proposal and they will supply both water and sewer and also maintain the roadway.
No objection to final approval.
Chairman stated: For the record, I have the referral from the Village of Altamont, dated November 18, 2008, and their recommendation read as follows: they have no opposition on record from neighbors or Guilderland Planning Board member, met all Guilderland requirements, any requests for Village of Altamont water/sewer service shall be made through Village Department of Public Works office.
I also have the comments from the Guilderland Conservation Advisory Council, dated December 29, 2008, and their conclusion reads as follows: If tree cutting is kept to a minimum, GCAC does not foresee only a minimal amount of negative environmental impact if any to the community resulting from this proposed subdivision especially since the proposed residence would be hooked up to both Altamont Village water and sewer.
Peter Wachtel presenting: We are looking at 30 ft. of right-of-way or easement going beck to a 1.1.6 acre parcel behind Marian Court. According to the GCAC comments, they do not feel that this subdivision will pose any noticeable negative environmental impact.
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 entertained a motion to close the hearing and it was so moved by Thomas Robert and seconded by James Cohen and carried by a 6-0 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 2 lot subdivision with the provision of public sewer and water.
The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
Chairman made a motion for final approval for the proposed two lot subdivision on Marian Court with the following conditions:
· Village Highway Superintendent approval for any new curbcut
· Village Water & Wastewater Department approval (with building permit application)
· $1,500.00 per dwelling unit – Park & Recreation Fund (with building permit application)
The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
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CASE OF CAMELOT – Lydius Street
Chairman Feeney announced that this was a public hearing on the final plat of a three lot subdivision of 19.6 acres. Zoned RO30. Joe Bianchine presenting.
Linda Clark, Counsel, read the Legal Notice as follows:
The case of Camelot Associates will be heard on Wednesday, January 14, 2009 at 7:30 pm 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 three lots cut from 19.6 acres.
The general location of the site is the lands between 3097-3143 Lydius Street and the NYS Thruway.
The property is zoned RO-30. Tax Map # 15.00-3-4
Plans are open for inspection, by appointment, at the Planning Department during normal business hours.
DATED: December 31, 2008
Stephen Feeney, Chairman, Planning Board
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Camelot – E. Lydius St.
The applicant has submitted a final plat showing 3 building lots on a 19.6 acre parcel. The parcel has a 60 ft. access to Lydius Street, which will contain a shared driveway and provides the required 20 ft. ownership to a public road for each lot. The land is densely vegetated and contains some higher knolls that provide buffering from the exit and entrance ramps to the Thruway.
I have the following comments:
- The plat shows the limits of grading and clearing. While the grading on lot #3137 will be substantial, the high point of the knoll directly behind the houses along Lydius Street will remain and continue to serve as a buffer to the Thruway.
- The sight distance at this location, looking west, is very limited due to the road topography. The Highway Superintendent should be consulted to determine if anything can be done to improve this situation.
- A shared access and maintain agreement will be necessary.
No objection to final approval.
Joe Bianchine presenting: The client would like to subdivide the parcel into 3 building lots with a common driveway off of Lydius Street. It will be serviced by town water and we have been working with William West, Superintendent of Water Department about the sewer, and he required that we do a gravity sewer back to the high point of our entrance road and then with forcemains for each of the houses. He has the final plans and is reviewing it now. We did check the sight distance and there is some substantial grading with the one lot and the whole area behind the houses will not be touched.
Chairman asked for any comments from the Board.
Chairman stated: I have asked the Police Department for accident data and they do show twelve accidents at this location over a twenty-year period. Most of them were non-reportable incidents.
Chairman stated for the record: I have one letter from Ron Montesi, dated June 20, 2008, and summarized as: his main concern was that he reviewed the proposed plans at the Town Hall and noticed that the topographic maps may not be completely accurate and believes that the elevation changes are greater in reality than what is represented o the Town maps. (On File)
He isinterested in preserving the hill between the homes and the thruway as much as possible.
Chairman asked if you provided an erosion sedimentation control plan sheet.
Mr. Bianchine said yes he did.
Chairman added: We would like to ensure that the grading plan shown is the grading plan that will happen. Just for clarification, you are not disturbing more than five acres is that correct?
Mr. Bianchine said that it is less than five acres.
Chairman stated: We just want to make sure of that grading plan that you are showing is what the building inspectors will see. I can see maybe a minor shift on lot 2, because you are not showing any real back yard to for that house.
Lindsay Childs stated: I have read the GCAC report and they have talked about the protective slope reserve since there may be slopes of at least 30 degrees on the north side of lot 1. It raises the question to make sure that the house is going to be stable if it goes there. Also, by having a house up there on top of the dune, will this make it extremely volunable to any noise from the thruway?
Lindsay Childs added: Does the final plat have the building envelope that defines the erosion sedimentation plan?
Mr. Bianchine explained: The final plot shows what we are proposing at this present time now.
Chairman added: Our main concern on the grading plans is that if you are saying that the hills will be staying in tact between the development there and the lots on Lydius Street. You are not going to alter that elevation.. The concern is if it increases in the amount of disturbance or the altering of the elevation, then it can become an issue and you may have to refile the plans. If they want to bring it lower on lot 3, it wouldn’t increase the amount of disturbance.
I am assuming that it will be less disturbances and less grading.
James Cohen stated: In the GCAC report , they are concerned about the tree cutting needs to be minimized especially along the rear boundary of the neighbors on E. Lydius Street.
Chairman stated: It appears that the grading plan that they are showing would do exactly what the GCAC is requesting. In their summary, dated June 30, 2008, their concerns read as follows:
GCAC has concerns related to the placement of the dwellings on Lots 1 and #2, and feels that assurance should be included in the final proposal that the building envelopes of these lots will include provision that the dwellings will not be built too close to the edge of the ravines. Also, line of sight also needs to be scrutinized at the point of the driveway on E. Lydius Street since there is a hill a short distance to the west along the road, which restricts vision in exiting the driveway. If the concerns of the placement of proposed dwellings and the minimizing of tree cutting is resolved, GCAC sees no significant negative impact to the environment with this proposed subdivision. (On File)
Chairman asked for any comments from the audience.
Mr. Tomaso, 3127 E. Lydius Street, was concerned about the hill and the location of the house.
Mr. Bianchine stated: The proposed house will be 250 ft. away from your house and the hill behind your house will not change.
Chairman added: The grading plan should not be altered that much and we do have the assurance that what is going to occur is what is on the plans. Our main concern is to keep the privacy and to keep the sound buffer.
Chairman entertained a motion to close the hearing and it was so moved by Thomas Robert and seconded by James Cohen and carried by a 6-0 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 the preparation of the grading plan and erosion sedimentation control plan and by the environmental short form which the applicant has filled out and the minor nature of the 3 lot subdivision on 19.6 acres on Lydius Street with the provision of public sewer and water.
The motion was seconded by Lindsay Childs and carried by a 6-0 vote by the Board.
Chairman made a motion for final approval in the matter of a 3 lot subdivision on Lydius Street with the following conditions:
· Town Highway Superintendent approval for any new curbcut.
· Town Water & Wastewater Superintendent approval
· $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)
· Provide standard construction detail for the driveway
· Submit driveway shared access and maintenance agreement
· Adherence to grading plan as shown on the plat
The motion was seconded by Thomas Robert and carried by a 6-0 vote by the Board.
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MATTER OF McClelland – Wormer Road
Chairman Feeney announced that this was a concept presentation of a proposed four lot subdivision of 4.8 acres. Zoned R20. Eric Miller presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
McClelland – Wormer Road
The applicant has requested concept approval for a proposed 4 lot subdivision. There is an existing house on the property, which is located in the Town of New Scotland. The land within the Town of Guilderland would be divided into three, one acre+lots. The parcel has a rim of trees and slopes significantly up from Wormer Road. Municipal water and sewer are available.
No objection to concept approval with the following comments:
- the final plat should show the limits of grading and clearing
- the proposed location of the driveway for lot #1 should be shown with a sight distance evaluation.
Eric Miller presenting: Lots #1 & #2 will have a shared driveway and for lot #3, the curbcut will be determined by the Highway Department.
Chairman stated: The one thing that I have noticed is that lot #2 would require a 50 ft. side setbacks. Is that correct?
Mr. Miller stated that they will make the adjustments to accommodate the setbacks because of the size of lot #4.
Chairman stated: We would also like to see the grading plans and to show the limits of disturbance. You will be over an acre but less than five acres, therefore, you will need an erosion sedimentation control plan. We will need to see a stabilize construction entrance, and will need to see a shared maintenance agreement on the plans.
Chairman asked if there was public water and sewer.
Mr. Miller said yes there is public water and sewer.
Chairman asked if it requires any approval from New Scotland?
Ms. Weston said that all they need is a referral from New Scotland.
Lindsay Childs suggested a change in the location of the waterline easement.
Chairman asked for any comments from the audience.
Corine Weeks, 147 Wormer Road, neighbor on the other side of that water line, had a major concern over the drainage. On the other side of me another house that was put up and my neighbor and my myself now have water in our basement and has caused a lot of difficulty.
Chairman stated: They will have to show us the limits of grading and clearing as they are indicating. It seems that the drainage will not be towards your house. We will need to see more details. We will certainly look at this.
Chairman asked Ms. Weston if there would be any problems in shifting the lot line? Ms. Weston said as long as the final map comes in correct there should be no problem.
Chairman made a motion to approve the concept for a four lot subdivision on Wormer Road.
The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
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MATTER of POGODA – Depot Road
Chairman Feeney announced that this was a concept presentation of a proposed two lot subdivision of 1.1 acres. Zoned R-15. Greg Meyers presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Pogoda – Depot Road
The applicant has applied for concept approval for a two-lot subdivision. In 1994, the former owner of this property applied for a three-lot subdivision of the parcel. At the original hearing many neighbors stated concerns about the wetlands and also indicated that much of this property had been filled with rocks and debris during the construction of the High School. The Planning Board at that time asked for wetland delineation but the applicant never returned. Sometime after that, a deed was filed with Albany County that split the parcel into two lots, without the benefit of subdivision of approval. In 1997 rthe eastern portion was sold and a house constructed. Since that time, the Building Department has refused any further permits until such time as the land was legally subdivided.
I have the following concerns regarding this proposal:
- The wetland boundaries should be certified by the Army Corps.
- Some investigation should be done to determine whether this property has been filled with debris which may impact the ability to place a foundation on site.
- The location of the driveway is shown to minimize the impact on the wetland, however, the curbcut would be very close to the Depot Road, School, and Meadowdale Road intersection, which does not show on the plat.
Gregg Meyers, O.J. Meyer & Son, presenting: The original owner came in with for a subdivision and failed to get the subdivision approval. In the meantime, the house was constructed at this corner parcel leaving the rest of the parcel intact, which my client has purchased. When he went forward to come for the building permit is when he found out that this subdivision did not receive subdivision approval and therefore, needed to go back before the board for a two lot subdivision.
Knowing the history of this parcel we actually had the wetlands delineated by Dave Ingles. This has not been certified by the Army Corps of Engineers as of yet. If this needs to be done, we will certainly to that. Mr. Pogado’s lot that he has purchased, is all wetland areas as outlined by Mr. Ingles. We are looking to impact where the wetland areas is specifically at the road entrance with the driveway which will be less than a tenth of an acre of impact. There is public water along the roadway and there is public sewer along School Road which the initial subdivision shows an easement coming in off of School Road.
I don’t think that the applicant has done any excavation at this point.
Linda Clark, Counsel asked: Will the owner of the existing lot honor that easement to School Road?
Ms. Weston, Town Planner, explained: There is actually a memo in the files from William West, Superintendent of Water and Wastewater about the sanitary sewer.
Chairman read the memo as follows: Applicant should be aware that as proposed sanitary sewer is not available. The original Kravalis subdivision plan showed a proposed extension of the sanitary sewer line with proposed easements. As this subdivision was never legally approved the sewer line was only partially built and dedicated for the one house that is presently there. An extension of the sewer line would have to be done in order for this property to have sanitary sewer service. If this is the intent then the applicant should show all proposed sewer improvements/easements as was originally done and asked for in the previous proposal. Sewer mitigation fee shall apply. (On File)
Chairman asked: Would that easement had been filed even though it was an illegal subdivision?
Linda Clark, Counsel, stated: That would have been the responsibility of the owner.
Linda Clark, Counsel, stated: Then they would not be subject to those easement obligations if they were not recorded in their title. This will be an issue. A title search will tell you that.
Chairman stated: Then the public sewer is not available from Depot Road, is that correct?
Mr. Meyer said that he believes that it was from School Road that the easement was showing, and it will not be accessible from Depot Road.
Chairman stated: Then this can become an issue if you cannot get public sewer there.
Chairman asked: Does the lawn from the existing lands of Dinh’s, encroach on this proposed parcel and is there another building there?. If so, we will need a more detail map that shows the tree lines, and any other buildings and the property line.
Chairman added: We will also need to clear up the sewer access issue before we can move on.
Mr. Meyers stated: I am certain that we may have the easement to do that. That is what the original subdivision proposed.
Ms. Weston stated: The subdivision was never approved nor filed.
Linda Clark, Counsel, stated: What should have been done is to reserve the option in the deed.
Michael Cleary suggested to have this tabled.until we have more information.
Chairman stated: We will need to know what is in the deed and we will need to know where the sewer is going to come from and for the County to come out, and to look at that driveway location, and the location of the intersection that is there and to have the comments from the Guilderland Conservation Advisory Council.
Chairman asked for any comments from the audience and there were none.
Chairman mentioned that this application will be tabled until we have the determination of the location of the septic or sewer services and more details on the proposed driveway location.
Lindsay Childs commented on Ms. Weston comments about the concerns back in 1994 about the property being filled with rocks and debris during the construction of the High School. The concern now would be if a potential buyer buys it and then later finds out that they couldn’t put in a foundation in because of the debris buried.
Chairman made a motion to have this application tabledand it was so moved by Michael Cleary. The motion was seconded by James Cohen and carried by 6-0 vote by the Board.
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SITE REVIEW - Smith – 845 Greenthorne Blvd.
Chairman Feeney announced that this was a site plan review for a customary home occupation for a freelance graphic designer. Zoned R-20. Kimberly Smith presenting.
Jan Weston, Town Planner, read the comments of the Planning Department as follows:
Smith – 845 Greenthorne Blvd.
The applicant has requested a special use permit so she can use a portion of her home as an office for her freelance design business. The business employs 2 part time people and the majority of business is conducted off site or through electronic means. There is ample parking on site. No planning objections.
Kimberly Smith presenting: I would like to continue working in my home office as a freelance graphic designer. I have one person who works three days a week, part time who does some administrated tasks and would like to have another person to help me with freelance graphic designer.
Linda Clark, Counsel, asked if a freelance designer was a employee?
Ms. Smith explained: She will be an employee according to my independent contractor.
Paul Caputo stated: This is just a drop off type of thing therefore there will not be any additional parking.
Chairman asked Ms. Weston if she have any objections and she said no she did not.
Chairman asked for any comments from the neighbors and there were none.
Chairman made a motion to move staff’s opinion to recommend approval of the home occupation at 845 Greenthorne Blvd. The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
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SITE REVIEW – Relyea – Carman Road
Chairman Fenney announced that this was a site plan review to allow a home improvement showroom. to use 950 sq. ft. of space formerly occupied by Carman Wine & Liquor. Kevin Relyea presenting.
Jan Weston, Town Planner, had no planning objections.
Kevin Relyea. Owner of Carman Wine & Liquor, presenting: I would like to split the space into two 950 square foot areas as it was originally was years ago. The showroom would consist of two employees. The first tenant would be Capital District Construction, which will be used for a retail showroom.
Chairman asked if it would be a high volume traffic retail business.
Mr. Relyea said no.
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 for this site plan review for 3637 Carman Road, for a home improvement showroom.
The motion was seconded by Michael Cleary and carried by a 6-0 vote by the Board.
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MEETING ADJOURNED: 9:00 P.M.
TOWN OF GUILDERLAND
PLANNING BOARD
January 14, 2009
ACHTEL – 5 Marian Court
CAMELOT – Lydius Street
MCCLELLAND – Wormer Road
OGODA – Depot Road
MITH – 845 Greenthorne Blvd.
RELYEA – Carman Road
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