Despite ‘substandard’ road
More development approved



GUILDERLAND — With promises to bring more town officials into a discussion of moratoriums, the planning board last week approved more development on Vosburgh Road — a road described as substandard by the board.

The board also approved the development of a privately-owned parcel the Albany Pine Bush Commission had slated for full protection.

Paul Fallati’s proposal to subdivide 1.7 acres on Vosburgh Road into two lots met all town standards, but his neighbors disapproved.

Resident Susan Batty said that her lawn has ruts from vehicles that have no room to pass safely. Her driveway is difficult to back out of, and the area around Vosburgh Road is home to deer and turkeys, she said.
"It’s past time to say no to any more development on Vosburgh Road," Batty said.
"I don’t know how we can say no," said planning board Chairman Stephen Feeney. Fallati’s lot is zoned for residential 20,000-square-foot lots, and it has access to public water and sewer, Feeney said, adding that the public access removes any health issues

Planning board attorney Linda Clark said that the planning board is given standards to enforce.
"We don’t have the right to waive them or expand them"in these proceedings," Clark said.

Batty and her husband, David, said that they would like Vosburgh Road to be widened and upgraded. The board told them that other Vosburgh Road residents had previously said that they wanted to keep the road as it is.
"The road is getting dangerous," Susan Batty said. She said that Vosburgh Road, as a dead-end road, needs a second form of egress for safety.

Developers of the nearby proposed Twenty West subdivision and the town have discussed connecting the future neighborhood to Vosburgh Road, but one objection to the suggestion is the substandard nature of Vosburgh Road.
"Maybe it’s time to upgrade it," Feeney said.

Planning board member Lindsay Childs suggested that the board stop development. He said that Fallati’s proposal would bring the number of developed lots on the road to 25.
"What’s the legal basis"" Clark asked.
"Can there be a few more lots" Certainly," Feeney said.

Childs said that the board should delay Fallati’s application until the town decides what to do for Vosburgh Road.
"I can only delay an application so long," Feeney said. Legally, the board must move applications through if they meet all town standards.

Childs wanted to defer concept approval until the next board meeting, but the rest of the board disagreed.
"I don’t understand under what authority I would say no," Feeney said.

The board asked town planner Jan Weston to look into how more development would affect Vosburgh Road. She said that she would speak with the town’s highway superintendent, Todd Gifford.

Childs praised the board for making the request.
"It’s a positive step," said board member James Cohen. Cohen voted with the majority to approve the concept, but he noted that he wanted the study on future development of Vosburgh Road done.

Childs abstained, saying that he would wait for the study. All other board members approved the proposal.

Pine Bush property

The planning board approved Philip Battaglino’s proposal for a two-lot subdivision of 3.7 acres on Brookview Drive, which is zoned residential.

Weston told the board that an environmental study of the parcel found that it does not contain the requisite habitat for the endangered Karner blue butterfly, which lives in the nearby Albany Pine Bush. The parcel had been targeted for full protection from development by the Albany Pine Bush Commission.

Battaglino had planned to donate a small triangular parcel to the town in lieu of paying the park fee for each house built on the lots, but Weston said that the parcel is too small to be useful for the town.

Weston and Feeney suggested that the parcel and a park fee might be accepted. The town owns an adjacent open space parcel.

The board said that Battaglino must provide an erosion control plan. Board member Terry Coburn asked if the board should suggest a no-disturbance area around a dune on the property, but the board disagreed.
"It’s an enforcement problem," Clark said.
"They’ve shown a grading plan," Feeney said. His concern, he said, is that in 10 years someone else will want to take out the dune.

Childs’s was the sole vote against the proposal. Childs wanted to protect the dune.
"What do we really do that is logical, Lindsay"" Feeney asked.
"That’s why I’m asking you. You’re the expert," Childs said.

Childs said that, according to the proposal, Lot 1 would be suitable for a house, but Lot 2 would not.

The board agreed that the slope of the driveway and the grading would be about 5 percent. Weston checked the regulations, and returned to the board meeting to report that slopes 30 degrees and greater are protected.

The board determined that no negative environmental impact would result from the subdivision, with Childs voting against the decision. Feeney said that the property is adjacent to a town park, but not adjacent to the Albany Pine Bush.
"It’s not an involved agency, because they don’t issue a permit," Feeney said.

Other business

In other business, the planning board:

— Approved a site plan for Daniel Abbruzzese to construct a pavilion at the Altamont Orchards Golf Course on Dunnsville Road, to replace a party tent that had been used in the same place.

Feeney said that the facility’s handicapped parking area doesn’t meet building codes. Abbruzzese said that the parking area is gravel and difficult to stripe; and

— Approved the final plat of Dean Attanasio for a two-lot subdivision of 20 acres at 2729 Curry Road.

Gilbert Van Guilder, who represented Attanasio, said that the lots back against the Thruway. He said that Attanasio plans to build a single-family residence on one of the lots.