46-unit development proposal near Guilderland Center is revived

— From Rosetti Acquisitions submittal to the town of Guilderland

A developer has revived a long-dormant housing proposal for 6250 Depot Road. Route 146 is at the top of the map and School Road is at right, with the high school campus at the lower far right.

GUILDERLAND — A project that first appeared on the town’s radar sometime in 2004 and stayed there for well over a decade before going silent for the past seven years, has resurfaced. 

At Tuesday’s town board meeting, members received a presentation and update on the Black Creek Run development from project applicant Rosetti Acquisitions, whose proposal for 6250 Depot Road includes: 

— 24 single-family homes;

— 14 senior apartments; and

— Eight townhome units

“No action will be taken” by the board on April 5, according to Town Planner Ken Kovalchik’s project memo

 Rosetti, which acquired the land in 2014 for $306,00, is proposing country-hamlet zoning for the 34.8-acre parcel located across the street from Guilderland High School. 

Under its current zoning designation, Rural Agricultural 3 (RA3), only a fraction of the units would be permitted that are allowed with hamlet zoning, which would  allow for the clustering of buildings. The Guilderland Town Board is lead agency for all country hamlet project applications.

The town board did approve a zoning change for the parcel from RA3 to country hamlet in November 2015; however, “no Local Law was adopted by the Town Board, or filed with the Department of State as part of the change in zone,” according to Kovalchik’s project memo, so the board will “most likely” have to repeat the process.

The project sat in development limbo for years in part because of issues Guilderland boards — both planning and town — had with the design and placement of the proposed stormwater drainage system. There was a concern that site runoff into the Black Creek would be contaminated. The Black Creek feeds into the Watervliet Reservoir, the town’s main source of drinking water.



On Tuesday night, Nicholas Costa with Advance Engineering, based in Latham, told the town board how the roughly 41-acre property would be divided.

A strip of land is to be conveyed to the residents of Nielsen Road that have property adjacent to the development so that each lot gains space.

About 12.4 acres is to be conveyed to the neighboring Ginder family, and a little more than 6 acres is to be conveyed to the town of Guilderland. Runoff from the development is to be directed to a retention basin that will slowly drain into the Black Creek, Costa said.

Sidewalks are to connect the development to Nielsen Road and to School Road so residents “can walk to school,” Costa said.

Supervisor Peter Barber asked if there were a contract with the Ginders and said typically that property would be dedicated to the town.

“The town did not want to take the land …. There was an offer to give it to the school” for environmental classes, Costa said.

Michael Moak, who with his wife, Heidi, owns a large horse farm near the proposed development, said that in 2014 or 2015, he had been told all of the wetlands would be conveyed to him but would need to stay “forever wild.”

“I just don’t want anybody else building on it,” he said.

Kovalchik read a provision of the current town code on land conveyance and concluded, “According to this section of our code, it cannot go to a private citizen.”

Barber said with that, and other matters, it becomes a legal question as to whether the current code applies or whether code in place at the time of the transaction takes precedence.

Kovalchik was not the town’s planner at that time nor were any of the current board members on the board.

Councilwoman Rosemary Centi, however, said she had a son living on Nielsen Road at the time and raised concerns about flooding. 

Councilwoman Amanda Beedle raised concerns about traffic. Costa cited a traffic study, done when school was out, from June 30 to July 1, 2021, that showed the proposed project would generate 31 new trips during the morning peak time and 40 new trips during the evening peak time, concluding “detailed evaluation” was not needed.

A nearby resident said there is a lot of construction in the area, noting the construction of a hardware store, minimart, gas station, and doughnut shop near the intersection of routes 146 and 148 and also building on Weaver Road.

She noted the erosion on Weaver Road and said, “I would like to see someone look at this entire big picture.” She urged, “See what the area could withstand.”

— Melissa Hale-Spencer wrote the final section, on the April 5 Guilderland Town Board meeting.


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