GUILDERLAND -- Developer Philip Battaglino fought the steep slopes of his Brookview Drive property and won the planning board’s concept approval last week.

The property neighbors the Albany Pine Bush, and the Pine Bush commission has designated Battaglino’s 3.7 acres as needing full protection under its management plan. Battaglino wants to subdivide the area into two lots to build homes for his sister and for himself, he said.

Only planning board member Lindsay Childs voted against the concept. He told The Enterprise that he climbed a dune on the property with the local conservation committee. He said that the two proposed homes should be moved further back on the sites, away from the dune.

An environmental study found no evidence of the endangered Karner blue butterfly‘s food source, Battaglino said. The butterfly feeds and lives on blue lupine, and is protected in the Pine Bush.

In April of last year, Battaglino’s plan for a retaining wall that rose from one foot to 14, then receded to one foot again, was one of several of the board’s objections to concept approval.

Battaglino told the planning board last week that the revised plan causes very minimal disturbance to the site, with up to 85 percent left undisturbed. He reduced the driveway slope from 10 percent to 5 percent.

Town planner Jan Weston, who was not present, left written notes for the board. According to board member Terry Coburn, Weston requested that the board require that the grading on the site be examined by an independent engineer.

Planning board Chairman Stephen Feeney said that Battaglino needs a fence or a rail on top of the wall.
Board member Paul Caputo agreed. "I would like to see a fence on the wall, kids being kids," he said.

Neil Gifford, conservation director for the Albany Pine Bush Commission, said that the bare, exposed sand on the property was mined before. He said that the dune will be easy to restore to pitch pine trees and lupine plants, which are native to the pine bush.
"There is nothing growing on there at all, except"some weird-looking trees," said Battaglino. "If he wants to come out and plant flowers, he can."

Feeney said that Battaglino must submit a cross-section view of the proposed driveway before the board will grant final approval.

Tralongo delayed

The planning board continued a public hearing for Frank Tralongo’s proposal to subdivide 14.4 acres on Brookview Drive.
"I’m leery of granting preliminary"certainly of granting final," Feeney said. He said that one of the lots proposed is questionably unbuildable. Traditionally, the town does not create lots upon which houses cannot be built.

Joe Bianchine, an engineer with ABD Engineers and Surveyors, told the board that Tralongo proposed to restrict by deed 10 acres on the property because of water that is present or steep slopes. Of the remaining 4.4 acres, Bianchine said, 2.6 would be disturbed for homes.
"All those lots are contiguous and in common, potentially encumbered by the angle of repose," Feeney said. "Is that really a stable piece of property to put a house on""

The board asked ABD to submit its deed-restriction proposal before the next portion of the hearing, while the planning-board attorney researches the board’s legal position.

Gun Club Road hearing

The board continued a public hearing for Daniel Rucinski, who proposed to subdivide eight acres of agricultural land into four lots.

Because of the zoning, the lots must be at least two acres for consideration without a special-use permit. Feeney said that a 20-foot-wide strip was added to the plan to come up with the proper square footage.
"That is an awkward piece of land to add to a lot to come up with two acres," he said. "A lot should have some meaningful, reasonable shape to it."
"We wanted to maintain a right-of-way to that back property," Rucinski said.
Feeney said that he does not oppose four lots on the site. "I don’t like the way you’re going about getting the acreage," he said. He said that the wide strip creates an inaccessible piece of land. He suggested that Rucinski consider creating 1.75 acre lots with the proper permit for a variance.
"Is lead shot an issue out there" Lead shot on the ground"" Feeney asked.
"That’s nothing that’s ever been brought up," Rucinski said.

He said that two of the lots will be developed immediately, and that the others will be developed more slowly. The lots will use private wells, but connect to the Altamont village sewer.

Other business

In other business, the board:

— Gave site-plan approval to Pastor Douglas Turner, who wants to move his Open Door Church from rented space on Washington Avenue Extension to a former teen center on Western Avenue. The building is next to the old Bumblebee Diner.
"It’s not an easy place to get in and out," Feeney said.
Coburn, reading from Weston’s notes, read, "A church seems to be a good fit." Weston wrote that church traffic comes at other low-traffic times.
Turner said that the church will buy the building "as-is," and have two full-time employees. He said that the property has a permanent easement to use the Bumblebee driveway.
"We wish you success," Feeney said; and

— Approved a site plan for Connie Ware, who wants to open a 70-seat restaurant at the former Phoebe’s Florist shop at the corner of Western Avenue and Cornell Avenue.
Ware wants to offer "elegant" Italian dining and valet parking at her restaurant, to be named MezzaNotte. She said that she has an agreement to use 36 parking spaces at a neighboring doctor’s office.

The approval came with a long list of conditions, including a long-term parking agreement, a direct pedestrian connection to the door from the sidewalk, landscaping and lighting plans, a more functional traffic plan, and the removal of the asphalt drive. The board also suggested that Ware consider modifying the entrance on Cornell Avenue.

Ware told The Enterprise that she hopes to be open for dinner by September. She plans to have 14 employees, she said.