GUILDERLAND — Despite a neighbor’s claims a land-survey is incorrect, the planning board last Wednesday gave conceptual approval for Gerald Valek to divide his lot in two.

Valek asked to subdivide .68 of an acre into two lots on East Lydius Street. His neighbor, Robert Tracy, told the board that his survey from the 1960’s shows the property line differently.
"My house is 49 feet from the center of the road," Tracy said. About the surveys, he said, "Mine is accurate. His is inaccurate."

Land surveyor Mark Blackstone represented Valek. Blackstone said that one reason for the survey discrepancy is that, according to the deed, the construction setback used was from the center of a 99-foot town right-of-way. The pavement of East Lydius Street is not in the center of the right-of-way, he said, so that dimensions marked from the center of the pavement are incorrect.

Tracy said that he disagrees with the lot line.
"I will defer to our counsel on that," planning board Chairman Stephen Feeney said. "Mr. Blackstone is a professional surveyor."

Planning board Attorney Linda Clark was not present.
Board member Terry Coburn asked Tracy, "Are you opposed to the subdivision""
"Yes," Tracy said.

Feeney said that the lot line discrepancy is not the biggest issue for the board to consider on the application.

Town Planner Jan Weston said that two variances are needed, because each proposed lot is 12 feet short of the R-15 zoning minimum standards, and the house is 15 feet short of the required setback.

Blackstone told the board that the Albany County Department of Health has met with the applicant twice. He proposed to put in a new septic system for the house and the newly-created lot.
At the agenda review, Feeney told the board that the property has "good sand in there," and that he was "not concerned" with the property passing percolation tests.
"He’s going to pull up his septic -- you can do it," he said.
At the meeting, Feeney told the Valeks, "If you make the health department happy, you make us happy."

Tracy said that the 13.5-foot side setback does not account for the Valek’s Bilco door foundation.

Blackstone said he will apply for a sideyard variance, rather than try to redesign the subdivision.

Feeney told Blackstone that the plan must show adequate sight-distance for the driveway.
"Conceptually, this is fine," said board member Paul Caputo. "I’m certainly satisfied with Mr. Blackstone’s application." He said that the town should "get to the bottom" of the survey discrepancy.

Other business In other business, the board:

— Approved a site plan for Aldo Vignolesi’s application for a special use permit to open a 24-seat pizzeria in Cosimo’s Plaza on Western Avenue; and

— Sent an official recommendation for a variance to allow four lots on Gun Club Road. Earlier this month, the planning board continued a public hearing for Daniel Rucinski, who wants to subdivide eight acres of agricultural land into four lots.

A 20-foot-wide strip of land had been added to the plan to meet the two-acre minimum subdivision standard for agricultural properties. At the previous meeting, the board had suggested that the plan eliminate the strip and leave the lots at 1.75 acres.