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Town Board Minutes 12/17/2002

HONORABLE               LIZ ORZEL KASPER                        COUNCILWOMAN
                        WILLIAM R. CHAPMAN              COUNCILMAN
                        RICHARD A. HOLT                 COUNCILMAN
                        DIANE P. O’DONNELL              COUNCILWOMAN
                        LUKE J. SMITH                   SUPERVISOR

Others present:  Helen Kopke, Town Clerk; Eric Dickson, Town Attorney; Paul Sebesta, Comptroller; Kathy Matern, Town Planner; Richard Pollock, Superintendent Water & Sewer; Darryl Ostrander, Deputy Police Chief; Frank Gavin, Highway Superintendent.

        The minutes of the Regular meetings of October 8 and December 3 and the Special Meeting of November 26, 2002 were approved by the Board.

        Lauren Piacente, 766 Trottingham, inquired about leaf pickup.

        The following resolutions were approved with a vote of five ayes unless otherwise noted.

        Resolution 2002-291 authorized cleaning of the leachate collection system by Municipal Services at a cost not to exceed $9,000.

        Resolution 2002-292 authorizes the purchase and installation of alarm systems to service the Water Filtration Plant, Wastewater Treatment Plant, water towers and Police Dispatch from NPC Security & Electronics at a cost not to exceed $19,750.

        Resolution 2002-293 authorized execution of Outside Sewer User Agreement with Association for the Protection of the Adirondacks, owner of 897 St. David’s Lane.

        Resolution 2002-294 appoints Andrew Thomas, 121 No. Amherst Avenue, as a Sewer Maintenance Worker in the Water & Sewer Department retroactive to December 9, 2002.

Resolution 2002-295 authorizes the purchase of a GPS system to collect and maintain data for the Water & Sewer Department from Waypoint Technology Group at a cost of $1,815 plus two-day training for two individuals at $695 per person.

        Resolution 2002-296 authorizes the purchase of computer software for the Water & Sewer Maintenance Facility from MCS Spectrum, at a cost not to exceed $4,000.

        Resolution 2002-297 makes line item budgetary modifications for 2002 and 2003.

        Resolution 2002-298 adopts the 2003 Salary Schedule.

        Resolution 2002-299 makes a provisional appointment to Jennifer Liuzzi as a Real Property Tax Aide in the Assessor’s Office, Grade 8, at a salary of $23,290 per year effective January 1, 2003.

        Resolution 2002-300 alters Election District 3 and 16 and moves the Glen Eddy Adult Living Facility and certain surrounding single homes into District 3 from District 16.

        Resolution 2002-301 adopts an amended Deferred Compensation Plan.

        Resolution 2002-302 authorizes the Supervisor to renew software maintenance agreements associated with the Novell network with IPLogic for a period of one year at a cost of $892.80.

        Resolution 2002-303 employs Robert Gula, Specialist, in the Recreation Department at a rate of $10 per hour.

        Resolution 2002-304 amends the Vehicle & Traffic Code and adds a Parking Prohibited sign from 8-9 a.m. and 1-2 p.m. on Clifton Park Road between Lexington Parkway and Baker Avenue.

        Resolution 2002-305 calls for a public hearing January 7, 2002 at 7 p.m. to consider amendment of the Vehicle & Traffic Code to provide that Daisy Lane become a one-way street beginning at its easterly intersection with Eastern Parkway to its westerly intersection with Eastern Parkway.

        Resolution 2002-306 amends the Zoning Map of the Town and that parcel 40.15-1-2.1 located on Nott Street East become R-3 High Density Residential zoning and that drainage controls be provided for by proposed projects within this area.  
        This resolution was approved with a vote of four ayes, with Councilwoman Kasper voting no.
        Councilman Chapman outlined this zone change that would allow for a planned development of 24 condominium housing units.  He detailed the benefits of condominium living and whom this housing option might appeal to in Town.  The Conservation Advisory Council and the Planning Board have endorsed the proposal.  He feels this is not inconsistent with the Town Center plans.  He encouraged to the Board to go forward on this change at this time.
        Councilman Holt stated that although he voted against the prior proposal, after deliberation over the last few months, he thinks the new proposal is a move in the right direction.  The new plan is offering a lower density that he hopes will lesson the impact on Nott Street East.  He also endorsed the changes to the improved drainage and the addition of the developer offering security for the drainage system.  The opportunity for residents who want to stay in Niskayuna is a good reason to approve this change that will allow future development of higher density living.  The C-N potential is the least attractive use of this land.  If the plan goes forward it will be a nice balance to the townhouses on Nott Street East.  
        Councilwoman O’Donnell also appreciated the decrease in the number of units to be developed.  She is encouraged by the potential to solve the drainage problems and hopefully not create any new ones.  A number of senior citizens have expressed a desire to remain in Niskayuna.  To offer them housing that suit their needs is a plus for all of us.
        Councilwoman Kasper was not in favor of the proposal.  She felt that it would create too much traffic. 24 units are still too big.  This is prime property for a lot of other things and many residents want to have the property stay the way it is.  Nott Street East has enough activity and she would rather see five to eight hours rather than 24 units.  In the past whenever she has voted for a zone change she has always been sorry.  
        Supervisor Smith supported the initial amendment and will support the amendment tonight.  He thinks it is a good use of the land and feels the proposed project with less density is a better proposal.  He made it clear this is not a wetland but there is a drainage problem.      

        Resolution 2002-307 amends the Zoning Map of the Town so that premises located at 2317 Balltown Road be in the R-P Residential Professional zoning district.
        This resolution was approved with a vote of four ayes with Councilwoman Kasper voting no.
        Councilman Chapman commented that when the Town removed Professional Offices from the R-2 zoning district, this parcel was made a non-conforming use.  Other parcels at River and Balltown Road are zoned Residential Professional (R-P).  They have asked that their parcel be made an R-P zone that would restore their zone status granted through a Special Use Permit.  This change will also clarify the R-2 district and minimize locations where medical offices are in this zone.
Supervisor Smith felt it was a question of fairness.  The property owner had the proper zoning and now the parcel is labeled a non-conforming use.  Across the street the zone has been changed to R-P, so it is only fair that we make this change.  
        Councilman Holt felt this was a glaring inconsistency.  The applicant has indicated they have no plans for expansion as the parcel is built out.

        Resolution 2002-308 calls for a public hearing January 7 at 7:05 p.m. to consider the application of LJC Development for a change of zone for premises located at 3359 Consaul Road from R-1 Low Density Residential to R-3 High Density Residential.

        Resolution 2002-309 appoints Kathy Matern to the position of Deputy Zoning Enforcement Officer, effective immediately, at no additional compensation, and to serve concurrently with her position as Town Planner.

        There being no further business to come before the Town Board, the Supervisor adjourned the meeting.

                                                Helen Kopke, Town Clerk


One Niskayuna Circle, Niskayuna, NY 12309
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