GUILDERLAND — The planning board here last Wednesday approved the controversial water-supply system the village of Altamont requested for Brandle Road, after noting wetlands not previously shown on the village‘s application.

Unwilling sellers Michael and Nancy Trumpler own the parcel of almost five acres outside the village limits in the town of Guilderland. The land sale is being disputed in court. The planning board gave the plan conceptual approval in September.

Earlier plans were designed to extend access on a farm lane across railroad tracks along the property. Access to the land from Brandle Road must cross the tracks, for which an easement is required.

Plans called for the .01-acre tip of the triangular piece of property around the well to be part of the proposed $125,000 purchase of five acres, creating access to the well lot.
"It’s still in litigation," Nancy Trumpler said. "Nothing has been resolved yet. I personally find it kind of incredible that you would approve a final" application, she told the board. "We’re perfectly willing to come to an agreement with them"but we don’t want our rights trampled. We appreciate you listening to us. This is our property. They’re taking liberty with the wording of the contract. It’s all in the Supreme Court’s hands."
"It’s a difficult situation," said Chairman Stephen Feeney.

Planning board attorney Linda Clark and Trumpler determined that a small triangular section of the parcel is in contention. Clark asked if there were currently a restraining order that would prevent the planning board from making a decision, and Trumpler said that she was unaware of one.
"Does Altamont have your consent to come before this board and make this request"" Clark said.
"No," Trumpler said, adding that she was against the application from the beginning.

Clark advised the board to make taking title of the property a condition for final approval.
"So, I wouldn’t sign a plat until it’s resolved," Feeney said.

Wetlands

Feeney said that the map of the well site submitted last week was different than one the board saw previously, and that it showed wetlands.

Engineer Richard Straut, of Barton and Loguidice in Albany, said that construction of the water system would disturb less than a tenth of an acre, but that the village would seek permits from both the New York State Department of Environmental Conservation and the Army Corps of Engineers.

Feeney said that the map showed no detail on how the proposed road on the property would cross a creek.

Straut said that he would update the map when the village obtains a railroad easement for the property.

Board member Lindsay Childs said that the initial application stated that no wetlands were on the site.
"We’ll take care of that," Straut said.

Because the first application did not mention the wetlands, a state environmental quality review will be needed, said board member Paul Caputo.
"We’ll do a SEQR on the subdivision," Feeney said. He said that conditional approval would be granted only if the village receives the DEC and Army Corps permits.

Conditions
Board member James Cohen wondered if Feeney would normally give so many conditions "with this many things up in the air."

Feeney said that he is less concerned about the number because the site is not residential. He does not like to delay applications, he said.
"The well is the well," Feeney said. The road and the well will not move in future plans, he said. "The well house needs to be right near the well," he said.

Board member Michael Cleary asked if the board could go forward with the application.
"The answer is ‘yes,’ but we don’t have to," Clark said. The board agreed that applications always have conditions, and that the planning board should go ahead.
"You’ve got to have title. That’s a big one," Feeney told Straut. "A little bit of a backwards approach to what we usually do."

The board voted unanimously to approve Altamont’s request, with the conditions that the village get the town highway superintendent’s approval for a curb cut, obtain a railroad easement from D & H Railroad, obtain state DEC and Army Corps permits, take title through the pending legal proceedings, show construction details for the proposed road on the property, and provide erosion- and sediment-control details.

Cohen and Childs both said they were uneasy with a vote on a property in contention.

Childs told The Enterprise that he took counsel’s advice and voted to approve the application. If all goes through and the legal issues are resolved, he said, "then we’re not holding anything up."

Other business
In other business, the planning board:

— Heard a proposal by Richard Ewing to subdivide 61.6 acres on Old State Road into four lots.

Ewing said that he wants to keep the land undeveloped.
"I love it out here," he said.

His proposal of three two-acre lots must be changed to three-acre lots because of the agricultural zoning, said town planner Jan Weston. She said that drainage may be an issue because the land sits low, and that intermittent streams on the property must be mapped. She said that Ewing could keep smaller lots if he legally preserves the open space.
"It could be private. It doesn’t have to be public," Feeney said. "It’s your choice."

Board member Thomas Robert told Ewing to think carefully about making his land forever wild.
"It’s kind of like getting a tattoo. Once you’ve got it, you’ve got it," Robert said; and

— Continued a public hearing for developer Michael Cleary’s request to subdivide 33 acres into four lots. The property includes his own home, Cleary told The Enterprise.

The board said that one of the lots may be unbuildable because of its grade, according to health-department standards.
"Why would we create a lot people can’t build on"" Feeney asked. On one lot, Cleary suggested that he could bring in fill for the 16-percent grade, and wait for a freeze-and-thaw cycle before testing for a possible water system.
"I’m not disagreeing with you, but, on its face, it doesn’t meet the standards. We’re just consistent on it," Feeney said.