GUILDERLAND — Neighbors along Gipp Road told the planning board here last week that they do not want a home built on a substandard lot that could be grandfathered in.

Confusion about whether or not lots had indeed been subdivided by an owner in the 1950s but merged into one tax lot later brought the request for a tax lot subdivision to the attention of town officials.
"I’m trying to sell the lot," said Larry LeFevre, of Rotterdam. LeFevre grew up in the house on one of the two lots now located on 4.8 acres on Gipp Road. LeFevre now has potential buyers who want to build a home on the lot.

Planning board Chairman Stephen Feeney said that the town would not have known that the deed had been improperly prepared until an event like this arose.
"It’s somewhat of an awkward situation," he said. "Obviously, we need to talk to counsel. They created, illegally, a substandard lot." Planning board attorney Linda Clark did not attend the board meeting.
"But that’s not a reason to give a subdivision," argued Liesse Mohr, a resident who said that allowing a small lot to be used now would create a "grab for as much land as you can get."
"They have to show, ‘This is the house we want to build.’ They will have variances for the lot and for the house, itself," Feeney said. "It’s 70 feet by 150 feet," he said of the substandard lot. "It should be 100 feet by 150 feet. The zoning board will have to look at the neighborhood. The frontages are not dissimilar."
Another neighbor argued that a home on the proposed lot "would make the neighborhood look cramped and crowded" and would affect his property value.

The board noted that two other nearby lots with homes are also on 70-foot by 150-foot lots.

Current setback requirements for new homes are 15 feet from the side of the home to the property line, and 35 feet from the front and the rear of the home to the line.

The board said that the property may have been surveyed in the 1950s when the Fort Orange Manor subdivision was designed. At that time, the setbacks were eight feet from the side of the home.
"Whatever zoning applied then suffices," said board member Lindsay Childs. Feeney said that the zoning board and zoning officer would have to decide on what variances might be needed.
"You’re not necessarily grandfathered in," Feeney said. "Is it pre-existing, non-conforming" We’re not going to determine this on the fly, Lindsay."

Complications

A third lot, formerly attached to LeFevre’s two, with a home was sold to Sandra Losee three years ago. Although she said that she had not known that the lots were subdivided illegally, her attorney, Amy Calabrese, said that the title search revealed that the deeds were split in 1953 for Losee’s lot and LeFevre’s adjacent lot.

Board member Michael Cleary said that the issue before the board is whether or not the two LeFevre lots are buildable.
"She owns what she owns," Cleary said about Losee.
"It’s not affecting your client at all," Feeney said to Calabrese. If the lots have already been legally subdivided, he said, "All the applicant would need then is variances."

Because the zoning board could find no problems with the application, and thus not need to offer a public hearing, Mohr asked the board to notify Losee when a decision has been made.
"I think we can write a letter to the landowner to let her know what our determination is," Feeney said. "We’re not going to entertain the concept this evening. It may be a moot point."

Other business

In other business, the planning board:

— Approved Troy Miller’s plan to build a 10,000-square-foot office building at 2390 Western Ave. Because of the topography, Miller said, a front entrance for his real-estate office will be on the first floor, and a second entrance for tenants will be located at the rear of the property directly onto the second floor.

He said that he will use 4,000 square feet of space for his office and five employees, and the remaining 6,000 square feet will be rented.

The board approved his site plan with conditions. A sidewalk must be installed across his parcel and that of his neighbor, from whom he is purchasing the land. A condition of the land subdivision approved in 1988 required sidewalks to be built in front of the building. Grading, stormwater management, landscaping, and lighting plans must be submitted. And paved parking must be installed in phases, so that no more is paved than is necessary, depending on the tenants’ needs.

The planning board also suggested that the zoning board of appeals consider the effect the tenants’ traffic will have on Western Avenue. Feeney said that turns onto and from the property could create traffic problems, but that the property has an existing driveway; and

— Approved a site plan for Nancy Wideman to have a hair salon home occupation at 5 Velina Drive.