GUILDERLAND — The Guilderland Planning Board has approved a request presented by Brendon Davis subdividing 49 acres Davis property on Millard Lane into two lots. The board’s conditional approval said that this is the last subdivision allowed without turning Millard from a private, into a public, road.

With this change, the private gravel road, zoned R-40, will serve four houses and five lots. Planning Board Chairman Stephen Feeney pointed out at the board’s March 23 meeting that, although there are currently four houses on the private road, someone could build on the fifth lot in the future.      

“That just about hits our mark,” he said.

The lot to be subdivided falls within the full protection area of the Pine Bush, and the Pine Bush Commission declined to endorse the project. The planning board, Feeney told The Enterprise, thought that, since this represented the addition of “one more small lot,” it would not have a lot of environmental impact. “If they were to propose 12 more lots and a town road, that would be an issue.”

At some point, he said, “You’ve got to build a town road, because it’s just not safe.”

Feeney said that the board would add a clause specifying that no further subdivision can be made without upgrading the road to town standards.

He also said that the homeowners who share the road need to have an agreement that specifies which parcel’s owner is responsible for snowplowing and other forms of road maintenance. Feeney said, “Not ‘Son A’ or “Son B,’ but ‘Owner of Parcel A,’ etc.”

Feeney said at the meeting that it’s “normal” for each homeowner to own “out to the road.” Here, he said, each homeowner owns only a small stem off the private driveway.

He added, “It’s all family now, but someday you may sell, and then it’s not anymore.”

Town Planner Jan Weston added that Davis would need to make sure that the plans conform to any conditions set by the fire department.

The subdivision was approved, 6 to 0.

Another lot division approved

At the meeting, the board also approved a request by Mark Blackstone to subdivide a 16.7-acre Kernozek lot at 20 Stone Road.

The project was approved 6 to 0, but the board warned that the owners would need to have an engineer check if water pressure will be adequate, particularly on the home’s second floor, given the home’s elevation and location. Feeney said that, if it is not, a larger service line might need to be put in place.

Feeney suggested, “If anybody’s going to buy the lot, they need to be aware that they might need to do some engineering.”

He also said that the owners would need to bear in mind that, once a driveway is longer than 300 feet, a property needs to adhere to certain standards in order to meet fire codes and ensure proper emergency access.

Pub gets deck

At its February 24 meeting, the board considered an appeal by Michael Arduini of a decision by the Guilderland Zoning Board of Appeals for a special-use permit to allow the addition of a seasonal deck at the Across the Street Pub, 1238 Western Ave., which is zoned General Business. The deck would be 12-by-26 feet, and allow seating for 16.

The restaurant currently seats 72, and the addition of the deck would bring this number to 88. There are 37 parking spaces.

Arduini told the board that there would be no smoking on the deck and no music, to minimize the impact on adjacent properties. He said that a six-foot privacy fence will be put into place to ensure neighbors’ privacy and to buffer noise.

Donald Reeb of Norwood Street, who is president of the McKownville Improvement Association, told the board that in his opinion PVC deck and rail components would not be ideal for noise absorption. Hilda Jasiewicz of Arcadia Avenue, the adjacent neighbor, described the intensity of the noise from the restaurant even without the deck and spoke about her concerns about lack of privacy.

The board granted the request, with conditions including building a six-foot wall along the deck’s south side, providing a landscaping plan that would possibly install columnar style evergreen plantings along the rear property line to better screen the adjacent home, and providing a lighting plan for the deck. The vote was five to zero.