Hawes Road plan approved despite neighbors 146 objections
GUILDERLAND Neighbors came out last week to protest subdivision plans for a steep lot near Altamont, but the planning board approved the owners concept proposal.
Robert Loden wants to sell an 11-acre parcel of 92.8 vacant acres on Hawes Road near Route 146. Loden said that he inherited the land from his father five years ago, and that the 11 acres is under contract to be sold. A National Grid power line bisects the property, he said. The privately-owned Mynderse Lane is on the property.
"The topography’s tough," said Planning Board Chairman Stephen Feeney. He said that the new owner might have difficulty placing a new home and septic system on the property. Feeney also said that, because of the slope and possible traffic accidents, access from Hawes Road may not be a good plan.
One neighbor wrote, and others spoke, about their concerns about the effect another home would have on water drainage and their wells.
Beatrice Smith, who lives on an adjacent farm, said that she told two potential buyers that neighbors on Mynderse Lane have had difficulty putting in wells. In addition to water woes, Smith was worried about losing access to Mynderse Lane. She said that she and another neighbor have maintained the lane without help from Loden or his late father.
"He doesn’t use it. He wouldn’t maintain it," said board member Thomas Robert, with agreement from board member Michael Cleary.
Smiths neighbor Carolyn Fowler read a prepared statement asking the town to protect local wetlands and the public water supply. She commented on overdevelopment and its contribution to erosion, seepage from the Hawes Road cemetery and possible contamination of the water supply, and the possible effects of septic leech fields on lower-lying properties.
"As far as the litany of information," Feeney said, "this is a one-lot subdivision. Obviously, they can’t build in a wetlands area." He said that builders need a minimum setback of 40 to 50 feet from a federal wetlands area. A septic system would need almost a half-acre, he said.
Loden must bring back to the board a topographical description with a proposed house site for the 11 acres, and its septic and well locations, driveway, and shared and legal access information.
Loden said that he may reforest and add a pond to the remaining 82 acres, but that he has no formal plan to leave the land forever undeveloped.
Horse farm
The board approved a request by Martha Masters to use about 60 acres on Route 158 to board horses. Masters currently runs a horse farm on 2.5 acres on Rapp Road. Much of the land, she said, would be used for haying. Masters said that, until a barn were built, she would use run-in sheds for the horses.
To the board’s questions about housing animals without barns, Masters said, "They’re really just better off with land to graze."
Board member Lindsay Childs suggested that Masters enroll in the county agricultural district to protect herself from complaints from neighbors about noise or odor issues.
Town planner Jan Weston said that a stream running through the property is a tributary to the reservoir used by the town. Feeney said that Masters should use "best management practices." He said that the boarding facility is a good use of the property, which is zoned Rural Agriculture 3.
The board told Masters that she must present to the zoning board a nutrient-management plan for how she will store grain, a manure-storage or placement plan, and proposed fencing locations because of the proximity to the watershed.
Feeney said that unrestrained access to the stream is not recommended.
Other business
In other business, the planning board:
Approved a site plan for Lou Lansings proposal to provide lectures and piano lessons for seniors at 1736A Western Ave. The business would employ four people and serve up to 16 students in group and couples classes;
Approved a request by Jennifer McClaine to open Poiema Salon and Day Spa at 2093 Western Ave. McClaines husband, Steven, said that they are buying the building that was previously used as a medical office. Currently, Poiema will rent the top floor, and the McClaines will sublet the bottom floor to another, as yet unknown, renter. The board said that, as a condition of approval, the owners must build adequate pedestrian access to their facility if a sidewalk is ever constructed to the east of the property;
Approved the subdivision of 54 acres on Depot Road into two lots. Maurice McCormick said that 41 acres are currently vacant, and 12.83 acres have a house and barn. The board said that a note of the barns historical value must be made on the plat;
Agreed to amend a lot line at 3455 East Lydius Street, owned by Megan and David Orsini. Megan Orsini said that, with her neighbors permission, she wants to push the line back 10 feet in order to repair a retaining wall and add a privacy buffer;
Approved the concept of a separation of one parcel into two at 4278 Western Ave. Mary Schultz, representing Edgar and Freda Hartmann, said that each lot is already separate with a home on each. The lots fall under zoning that requires lots to be three acres, but one is 2.1 acres. The homes had been combined into one parcel previously. Weston said that the parcel was already subdivided when the deed was filed; and
Approved the concept of a two-lot subdivision of a parcel at 3149 East Lydius Street. There are two homes on the property. Owner John Raucci wants an irregular lot shape, so that he retains ownership of a garage, and so that he can further develop the parcels in the future.