(What follows is not an official report on the planning board meeting, but rather personal impressions of what took place at this public meeting. We encourage everyone to read the transcript when it comes out. )
Present: Ashworth, Mion, Stuto, Heider, Milstein, Austin
PB attorney Marinelli, TDE Chuck Voss Barton and LoGuidice, TDE Joe Grasso Clough Harbour
Town Board member Rosano
PEDD Director LaCivita
Prior to the meeting, the PB members were observed meeting upstairs. Was this a quorum per the NYS Open Meetings Law?
Cold Springs Conservation Subdivisoin-Owner Frank Barbera
499-507 Albany Shaker Road
Board Update
40 lot single family residential subdivision
TDE Chuck Voss
Present Frank Barbera, Theresa Bakkner Esq. Dan Hershberg Hershberg and Hershberg
No TDE documents provided.
The Board heard that the exit road configuration has changed. According to Hershberg, Albany County would not approve an exit from the development that lines up with the Shaker El light and intersection. As a result, they will need to move the exit road further westward along Albany Shaker Road. Hershberg also stated that there will be traffic issues with the development traffic exiting. However, Hershberg stated this will just be a fact of life for the development occupants and they will know this when they move in. In addition, Hershberg noted that this summer the Town adopted a new Appendix D of the International Industrial Code standards for fire safety. As a result, if the developer requires more than 34 residential lots there will need to be 2 access roads. The current development proposal has 40 lots. Hershberg stated that they would like to keep the 40 lots and propose that one of the exits be for emergency access only as they believe this satisfies the new International Industrial Code standards. PB member Mion noted that the Board doesn’t like emergency access roads because there is no one to plow and maintain the road and people use them for recreational areas. This view was echoed by PB Member Ashworth and Heider. They worried about snow plowing and lack of maintenance. Apparently, the Town fire services office doesn’t like emergency access exits also. (As an aside, there have been several emergency access roads approved by the Planning Board over the past several years. Issues or concerns with emergency access roads were rarely verbalized during those project reviews thereby allowing developments to satisfy fire safety requirements by utilizing emergency access only connections). Chairman Stuto asked PEDD Director LaCivita if he has received Fire Safety’s position in writing. Lacivita stated that he is waiting for the Town fire Safety letter regarding the emergency access road. Stuto directed that LaCivita investigate further why there can not be an additional curb cut on Albany Shaker Road. LaCivita stated that he will contact Bill Anslow at Albany County about this issue. He has already met with Bill Anslow on site.
TDE Voss stated that he has not seen the exit plan yet but he would support a new traffic study to see how the driveways will operate. Attorney Bakkner made sure to confirm that Lacivita will be the Town contact with Bill Anslow on this issue and “the ball is in the Town’s court” now.
Hershberg (with a gleeful tone) also spoke about the Trump administration’s new wetlands rule proposal which would deregulate wetlands and allow fill. No one from the PB, the PB attorney or the TDE disputed this analysis or attempted to argue that these wetlands areas should still remain protected by Town Land Use law provisions Hershberg noted that some of the wetlands areas on the site fall within this new rule. The applicant is now proposing a larger stormwater catch basin and has been speaking with Mary Berry at Region 4 NYSDEC about this issue. Because of the larger catch basin location, they are moving 2 lots directly along the front of Albany Shaker Road. TDE Chuck Voss had no comment. Attorney Bakkner stated that the applicant will need to revise the site plan for a new concept submission.
Two neighbors were present and spoke about a large tree on the boundary of one of the homes which needs to be trimmed. TDE Voss noted that it was one of the larger trees along the perimeter and should be retained. The neighbor also noted that there could be issues with moving the access roads further westward as that will now compact the traffic further towards the existing neighborhoods. No response was provided by the applicant.
Board comments:
Heider- wants emergency access
Austin- no comment
Mion-HOA for the access road needed
Ashworth-concern with emergency access road
Milstein-whatever makes the traffic less problematic
Determination: Tabled
British American Mixed Use – Jack Faddegon and British American Owners
1148 Troy Schenectady Road
Sketch Plan Review
Construct 3 Four story apartment buildings with a total of 68 apartments and 12 one story buildings for a total of 42 cottages.
Nick Costa Advance Engineering
TDE Chuck Voss
The project encompasses two separate parcels totaling 30.18 acres. The current zoning is Commercial Office. The project is located in the Niskayuna School District. The applicants (Faddegon and British American) will be seeking a Special Use Permit at the Colonie Zoning Board of Appeals rather than a zoning change. PEDD Director LaCivita advised the Board that he fortuitously found a provision in the land use table that allows this applicant to obtain a Special Use Permit rather than a zoning amendment to allow this project to move forward. Jack Faddegon is taking an active role designing the outside amenities. He advised the PB that he wants the project to be more about the outside than the inside. Walking trails, bike connection, sitting areas, fire pits will be part of the design. The project will develop 24% of the 30 acres site with 3- 4 story apartment buildings and 42 1200 sq foot cottages arranged in 3plexes. 180 units total. Apartments will be 2 bedroom. All located in Niskayuna School district. Town Designated engineer commented that density is an issue, wants traffic study, tree survey.
It is not clear where this matter is now procedurally- will the ZBA now have to consider all of these issues as part of their Special Use Permit review? When will this be back before the PB? Unfortunately, the current ZBA meetings have their own public notice provisions and meeting minutes and ZBA decisions are lacking in any detail. Furthermore, the Town attorney’s office has declared that ZBA transcripts are not available to the public. The Town does not require the ZBA stenographer to transcribe her meeting notes.
Loudon Road PDD owner; Loudon Road LLC
606 and 608 Loudon Road
Board Update
Attorneys Donald Zee, Andy Brick and Linda Leary
Chris Burke restaurant developer
Architect Senior Housing
TDE Joe Grasso no TDE letter issued
The applicants provided a video project simulation and photographs. This video and photographs purported to show what the views from Route 9 and from the neighboring projects would be when the project is developed. TDE Grasso noted that the video did not correspond to what was shown on the project plans and what the views would be when there were no leaves on the trees. This video and photographs were not provided to the public in advance of the meeting as required by the NYS Open Meetings Law.
Andy Brick updated the Board that they were UNABLE to reach an access agreement with the adjacent Newton Plaza owners. The plans will still show a possible future road connection if a future connection can be negotiated in the future. Apparently, there were meetings with the Town Fire Safety Joe Bisignano about the width of the road circling around the senior housing units. According to Attorney Brick, Fire Safety was ok with a 20 foot wide road with 4 40x26 pad locations for Fire vehicles. Landscaping would be located along the property line and along the building.
Andy Brick also noted that there are 414 parking spaces required for the entire property. However, it should be noted that the PDD will result in a subdivision of the property into 2 separate parcels- one parcel for the senior housing and the other parcel for the restaurant. The restaurant parcel currently does not have enough parking available. Brick proposed that the extra parking would be provided by the senior housing parcel via valet parking and possible spaces set aside in the underground garage. Board members were uncomfortable about this proposal and reiterated their concerns that there is a parking deficiency with this proposal. This discussion prompted Mr. Burke who will be operating the restaurants to complain that the Board does not understand the type of restaurants he is seeking to bring to this location. According to Burke, he needs 400 seats as a maximum as these restaurants will be high end and not require many parking spaces. He stated he can’t provide the identify of the restaurants. He needs the PDD approval with the 400 seat maximum to go out and shop the property around. The Board was unconvinced by this argument much to Mr. Burke’s frustration.
Because the property will become a two lot subdivision, the Town will require the applicant to apply for an Open Area Development approval. It is unclear why this will be required as the applicants are seeking a PDD approval. Wouldn’t this road issue be part of that PDD approval?
There was limited discussion regarding about the public benefit. The applicants representatives disclosed that this summer there have been meetings with the applicants, Supervisor Mahan, Town Attorney Magguilli and PEDD Director Lacivita about the public benefit and a $$ was provided by the applicants. This $$ amount was not publicly disclosed. Rather, the applicants noted that it was their understanding that PEDD Director LaCivita was tasked with looking around the town for a suitable project. In the past the applicant had proposed paying for sidewalks along Aviation road. One neighbor present at the meeting suggested that maybe the town should consider building a bridge across the wetlands so that the neighbors can have walking access to Route 9.
Donald Zee advised the Board that there are ACOE wetlands onsite but they don’t have to worry about federal wetlands on the project site because of the new Trump Administration rule change. He noted that there are no planned activities in the NYSDEC regulated wetlands or buffer. No one from the PB, the PEDD Director, the TDE or the PB attorney disputed Attorney Zee’s claims about filling in the federal wetlands or raised concerns about the potential rule change (this trump admin rule change will surely be challenged in federal court with a stay requested of the rule implementation). TDE Grasso in fact noted that he can now check those federal wetlands off the list!
Board comments:
Milstein most vocal, concerned about the parking numbers, project density, where will visitors, and employees park,wants Albany County Department of Aging opinion
Austin-are you sure the access road is not too congested like the Loudonville Home, project “feels big”
Heider-how will snow be maintained on the ring road, parking concerns for restaurants, are their sufficient handicapped spots, not against the height of the building.wants trees along property line.
Stuto-didn’t like the valet parking solution, concerned with parking, wanted to know what would be allowed density-wise for current zoning Vertically a big project.
TDE Grasso- noted that this design was “new urbanism” and not sure how it would fit into the Town’s suburban setting but the design is very well done. Likes the animation video, is parking sufficient?, fire services must be comfortable with layout, no waivers for parking needed if a PDD, wants parking clarity between senior housing and restaurant.town board will be SEQRA lead agency believes this is now an unlisted action.
Residents questioned whether the proposed restaurants will be catering and banquet venues, wanted a barrier and trees behind their homes and the back of the Senior housing, wanted to see photographs showing views with no leaves, suggested walking bridge for neighborhood behind project. Burke said if neighbors want trees they can plant the trees on their own property.
Determination Tabled.