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Town Board Minutes 8/16/05



Others present:  Helen Kopke, Town Clerk; Eric Dickson, Town Attorney; Paul Sebesta, Comptroller; Frank Gavin, Superintendent of Highways; Kathleen Gansfuss, Director of Recreation; Kathy Matern, Town Planner. John Lubrant, Police Lieut.

Public Hearing No. 1 – considers tentative zoning approval for a Planned Unit Development on Consaul Road (Marvin’s Place).
Chad Cook, Boswell Engineering, representing the applicant, stated that the site is approximately 105 acres located on Consaul Road.  It will contain 104 residential units (57 single family homes and 47 town home units).  The total open space is approximately 36 acres and total wetland area is 50 acres.  The project will be serviced with public water and sewer with 5,000 feet of roadway.  They propose a connection to Consaul Road (main entrance) and to St. David’s Lane which is currently a stub road and a connection to Alandale and Somerset.
        The traffic study showed that no geometric improvements were necessary  except for tree trimming along Consaul Road to achieve site distance.  The level of services will remain unchanged from the project.  The St. David’s Lane connection can be converted to a cul de sac effectively terminating this connection point and not have any impact on the traffic distribution throughout the rest of the site.
        Supervisor Smith announced that the purpose of the public hearing was to consider a tentative zone change and not to approve the actual plan.  The Board is looking at approval of a Planned Unit Development and its advantages versus single family homes. Whether either concept can be approved with the numbers proposed, wetlands, topography, and engineering studies is to be determined in the future and subsequent public hearings will be held.  It is presently zoned R-1 and R-2 so they could build single families on the location.  They are considering an application from the owner of the property; the Town is not initiating this action.
        In information received today by the Town Planner, Schenectady County has submitted a concept proposal where they suggested that the developer eliminate the curve on Consaul Road by adding a new straighter stretch of road. And they suggested that the developer and Town consider this in their planning process.  
        Councilman Chapman stated that a PUD offers a maximum choice in housing environment and type, more useable open space and recreation areas, a development pattern that preserves outstanding natural topography and geologic features and prevents the destruction of natural drainage patterns.  PUD’s are an efficient use of land resulting in small networks of utilities and streets and a development pattern in harmony with the land use intensity.  The Planning Board has stated that the proposal meets the objective of Article 8 of the Zoning Ordinance and would broaden the range of housing choices available to people seeking homes in Niskayuna.
 The sketch plan indicates a minimum disturbance of natural topography and natural drainage.  New utilities will be installed by the developer and where required existing water and storm drainage will be upgraded.  It consists of 105 acres where a minimum of 50 acres is required, and provides 66% open space where only 30% is required.
The adequacy of the existing transportation network has been questioned. The Planning Board has stated that the townhouses will generally attract a retired population that will not utilize Consaul Road during commuting hours in the same proportion as working families.  Schenectady County Planning Department has recommended eliminating two lots to lessen wetland water course impact; no left turn onto Consaul Road; that a traffic light be considered at the intersection of St. David’s Lane and Consaul Road; and add sidewalks on North Alandale to Central Avenue.   
The Capital District Transportation Committee have noted the limited site distance on Consaul Road and the possibility of a round-about at Somerset and North Alandale to slow traffic
The Conservation Advisory Council has recommended that the site access road line up with the Glen Eddy driveway and the application should reconsider the traffic distribution from the site access road to St. David’s Lane.  They recommend that the traffic report be updated to include the Balltown and Consaul Road intersection. And that the Town retains ownership of the open space wetland areas.
The traffic study indicates that during peak hours cars exiting will be about 60; 27 will be on Consaul Road, another 27 cars would go onto Central Avenue from North Alandale; 6 cars will cross Consaul Road towards St. David’s Lane.

Mike Klett, 3554 Consaul Road, stated his concern that for years he was told that Consaul Road would be straightened and it has been a constant battle.  The County states it is in the Town of Niskayuna and the Town can change the speed limit and other things and felt the Town does not need the County’s permission.  There have been four accidents in front of his home within the last two months.  The County has told him that they do not have a plan for Consaul Road.  He believed that the Niskayuna Police have told the Board that there is a speeding problem on Consaul Road and he asked the Board to do something about speeding.
Supervisor Smith stated that the traffic has already been raised as an issue that is why the County has already spoken about this.  Consaul Road is a County road.  When the Eddy went the County was given land.  They had a plan and they abandoned the plan to fix Consaul Road.  They have a responsibility for this road and they now suggest that the road be straightened by the developer.  
Mr. Keltt stated that when he talked to the County this week, they said there was no proposal given to the Town on any straightening or performing structural changes to Consaul Road and that  Maxon Road is the next road slated for reconstruction.  He was told they only have $1 million for road construction and that there was no proposal to do any straightening of Consaul Road when Glen Eddy was constructed.  
Supervisor Smith disagreed and read from a letter dated April 17, 1995 from the County Engineer which stated “there is a public need for future improvement of the public highways horizontal and vertical curves at this development (Glen Eddy) particularly as traffic volumes increase in the future.”  The developer stated “Glen Eddy will reserve a necessary right of way and donate to the County for these future improvements.”  The developer goes on to talk about the lands that will be donated.  Supervisor Smith reiterated that there was discussions and plans for looking at Consaul Road and fixing it that the Town understood the County has decided (perhaps for fiscal reasons) not to do.  The present plan that we recently received is suggesting that the developer make these adjustments coming across the Genicki property and coming out further down Consaul Road.  They are not suggesting that they will pay for it., but are suggesting that the developer pay for it.  Kathy Matern, Town Planner, stated that plans are on file in her office that the County drafted in the early 1990’s for the straightening of Consaul Road which is available to the public for review.

Elizabeth LaClair, 325 Ferris Road, stated there is a development going in on Ferris Road that will increase traffic on Consaul Road, and this development will add more.  She would like to see a park be included in the plans.  There is no park on this side of Consaul Road within the Town.  

Frank Palumbo, C.T. Male Associates, appeared on behalf of Mr. Ginicki and discussed how this development may affect his property.  He is operating his R-1 and R02 property as a business at the current time and he wonders what this project will do to the potential of his property in the future.  They have developed a sketch that estimated the number of lots that could occur on this property under the present zoning and they would like the Board to consider the impact on his property.  If the access road occurs as is, there would also not be the potential to have an access from Mr. Ginicki’s property at this particular location because the site distance is already in question.  Currently the site plan shows one stub connection into Mr. Genicki’s property.  This isn’t the most ideal place for a connection and they think the single connection isn’t working in Mr. Genicki’s interest for the future.  At a minimum two connection points would be necessary because under its present condition if there could be no access onto Consaul, essentially the lone stub would form into another cul de sac.  If he is limited to a 500’ cul de sac, his potential land development would be limited.  They asked that the Board look at an option to include at least two stub connections to his property for his potential development.  The County’s plan will consider the two properties

Fran Gawron, 3966 Consaul Road, described heavy and dangerous traffic across from the entrance to the Eddy.  She does not want to see another road between Country Gardens and St. David’s Lane.  

Susan Necoss, 4209 Consaul Road, is not opposed to the PUD but recommended that the County continue their study of traffic on Consaul Road.  She believes that the assumption made by developers that senior citizens do not access the road during peak hours is incorrect.  Senior citizens approach Consaul Road very cautiously and proceed very slowly because of the curves in the road.    
Supervisor Smith commented that this is a long-term process.  If the Town Board decides to approve the PUD concept, this merely indicates that some development can happen at this location.  Development of some sort can happen at this location presently.  Whether it is approved will be determined by traffic, drainage, topography, or any number of things that will still have to be considered.  Traffic is one of the biggest issues.  When the Eddy was constructed there was supposed to be some adjustment to Consaul Road.  Careful consideration will have to be given as to how large the development can be.  
        When no other members of the public wished to be heard, the Supervisor closed the public hearing.

        Public Hearing No. 2 – considers formation of Extension No. 159 to Consolidated Water District No. 1 for Niskayuna Meadows.
        Tom Andress, from ABD Engineers and representing the applicants stated that this is a residential subdivision known as Niskayuna Meadows (formerly Indian Meadows).  It is a 10-lot subdivision.  The first lot has the potential of being subdivided into four more lots and has the potential to be developed as single family homes or as a commercial piece under the R-P zoning.  The Planning Board has given preliminary approval for the 10 lots.  There is a water line that runs along Balltown Road but the water district only extends about 100’ back off the road.  
        Councilman Chapman observed that the roadway into the site lines up with the roadway into the G. E. site.  The roadway is design with a larger right of way width and flairs out so that in the future it could handle either a straight through or left turn.  The water line is a 10” water line coming into the site.  The water district will not extend past this subdivision but this line could extend forward for future development.  
        When no members of the public wished to be heard, Supervisor Smith closed the public hearing.

        Public Hearing No. 3 – considers formation of Extension 115 to Sewer District No. 6 for Niskayuna Meadows
        Mr. Anders stated that the sewer line has a collector line that is an existing Town of Niskayuna sewer so it is a main collector line.  The main subdivision that has been developed ties into that collector line and continues forward. A sewer district was never created around it, hence this public hearing.  This collector will handle anything built in the remaining land to the northwest.  It would be up to someone later on to bring in a larger line to tie into this.  Their line is 8” and in most instances should handle any flow unless there was an industrial water use.  
        When no members of the public wished to be heard, the Supervisor closed the public hearing.

        Public Hearing No. 4 – considers formation of Drainage District No. 28 for Niskayuna Meadows.
        This drainage district is a little different because of the new DEC Phase 2 regulations which create the drainage district as the subdivision is created so that the residents will pay a proportional share of the drainage facilities.  This subdivision has two detention basins that will be given over to the Town that has a storm system within the Town right of way roads that are being proposed.  This district is the same physical size as the sewer district and will encompass all of the developable area.  He assumes the homeowners will be responsible for the maintenance of the district.  The water will flow from an existing wetland generally from the north into a culvert that goes underneath Balltown Road and continues onto GE property. The detention basins are proposed to be fenced.  
        When no members of the public wished to be heard, Supervisor Smith closed the public hearing.

        The minutes of the meeting of July 12, 2005 and July 19, 2005 were approved as presented.

        Pat Atwell, 1270 Fox Hollow Road, appeared to support putting a stop sign on the corner of Fox Hollow and Lynnwood Road.  She is concerned for the pedestrians, bicyclists and walkers that frequent the neighborhood.  The school buses stop in an area where children have to cross Lynnwood to get to the bus where there is no stop sign which is a real concern of hers.  
        The following resolutions were approved with a vote of four ayes (Councilwoman Kasper was absent) unless otherwise noted.
        Resolution 2005-188 approves an outside sewer agreement for 4036 River Road.

        Resolution 2005-189 accepts an easement from Schenectady County for 2400 Nott Street East.  

        Resolution 2005-190 authorizes the execution of an Outside Sewer Agreement for 2456 River road.

        Resolution 2005-191 authorizes the purchase and installation of an HVAC system for the sludge dehydration building located at the Wastewater Treatment Plant facility at a cost not to exceed $6,450.

        Resolution 2005-192 authorizes the Supervisor to retain Sterling Environmental Engineering to provide services necessary to complete the ground water monitoring and sampling and a perimeter gas survey at the site of the former landfill at a cost not to exceed $6,000.

        Resolution 2005-193 authorizes advertising for bids for a recycled water system for the Wastewater Treatment Plant Facility.

        Resolution 2005-194 authorizes an addendum to the Intermunicipal Service Agreement between the Town of Niskayuna and Town of Colonie to include the properties known as 3120 Troy Road and 3140 Troy Road.

        Resolution 2005-195 certifies the adjusted base proportions and the current base proportions to be used as class tax shares for municipal and school district levies.

        Resolution 2005-196 certifies the current base proportions to be used as class tax shares for municipal and school district levies.

        Resolution 2005-197 appoints Stuart Woodley, as a temporary Clerical Aide, at $10.00 per hour, without benefits, effective August 22, 2005 to terminate September 1, 2005.

        Resolution 2005-198 authorizes Thomas Cannizzo to attend the Capital District Building Officials Conference October 17-19 in Albany, New York at a cost of $245.

        Resolution 2005-199 appoints Sharon Herbst to the position of part time Clerk in the Tax Office, effective August 29, at a rate of compensation of $9.725 per hour, without benefits.

        Resolution 2005-200 authorizes bonding for the purchase of equipment and replacement and installation of the roofs of various buildings located at the Wastewater Treatment Plant in the amount of $150,000.

        Resolution 2005-201 authorizes bonding for the purchase and installation of an administration office at the Water Treatment Plant Facility in the amount of 80,000.

        Resolution 2005-202 authorizes the Supervisor to enter into a renewal service maintenance agreement for the Recreation Department with Eastern Office Supply Company for the Sharp Copier Machine, at a cost of $519.75.

        Resolution 2005-203 authorizes the purchase of traffic counter computer software for the Police Department from International Road Dynamics, for a total cost not to exceed $750.

        Resolution 2005-204 retains Kroder Landscape & Tree Service for the cut, removal and disposal of trees and stumps located behind 90 Killarney Drive, at a cost not to exceed $3,200.

           Resolution 2005-205 authorizes the purchase of a rotating chain cutter head for the water wagon in the Highway Department from Cyncon Equipment, at a total cost of $4,200.

        Resolution 2005-206 authorizes rental of a patch roller for the Highway Department from S. C. Hansen, at a cost of $1,600 per month for a period up to four months for a total cost not to exceed $6,400.

        Resolution 2005-207 authorizes retaining Municipal Services, to furnish all necessary equipment, labor, and trucking in conjunction with drainage work within the Town at a cost not to exceed $40,000.

        Resolution 2005-208 authorizes the Supervisor to retain the services of Joseph Boddie to strip, wax and buff all the floors on both levels of the Recreation Center at a cost not to exceed $1,000.

        Resolution 2005-209 authorizes the purchase of apparel to be used by the Recreation Department from JCB Specialties, at a total cost not to exceed $2,300.

        Resolution 2005-210 appoints new employees for the Recreation Department.

        Resolution 2005-211 authorizes the purchase of portable power generators to be used during emergency power outages by the Police Department from Woodlawn Hardware, for a total cost not to exceed $1,500.

        Resolution 2005-212 calls for a public hearing September 6, 2005 at 7:10 p.m. to consider amendment of the Code of the Town, Chapter 81, entitled Dogs and Other Animals to provide regulations in connection with the use of the Dog Park.

        Resolution 2005-213 calls for a public hearing September 6, 2005 at 7:05 p.m. to consider adding a Stop sign on Lynnwood Drive at Fox Hollow Road for traffic proceeding east and west on Lynwood Drive.

        Resolution 2005-214 authorizes Chief Lewis J. Moskowitz, to attend the National Academy Association’s Chapter Retrainer Conference August 14-17 at a cost of $275 for registration, and $139 per night for lodging.

        Resolution 2005-215 appoints Adam Colvin, to the position of Civilian Police Dispatcher, effective August 16.

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

                                        Helen F. Kopke, Town Clerk


One Niskayuna Circle, Niskayuna, NY 12309
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