NEW SCOTLAND – In a split party-line vote, the town board last Wednesday passed a law to suspend large-scale development in the northeast quadrant of town, in the medium-density residential (MDR) and residential conservation (R2) zones.

The law, the seventh one passed by the board this year, was sponsored by board member, Richard Reilly, a Democrat.

Reilly proposed enacting a moratorium for six months, while the board reviews zoning in the area. He was backed by the two other Democratic board members, Peg Neri and Deborah Baron, while Republican members Douglas LaGrange and Supervisor Ed Clark opposed the law.

The northeast quadrant borders the suburban towns of Bethlehem and Guilderland, and is the closest part of New Scotland to the city of Albany; it remains mostly rural.
Reilly told the board that the six-month time period would "put pressure on ourselves to get things done" but explained that the moratorium could be extended if needed.

The town currently has a committee, chaired by LaGrange, that is reviewing its comprehensive land-use plan.
LaGrange and Clark both felt that limiting the moratorium to only the northeast quadrant would not preserve the rural character of the town. LaGrange told the board that the intent of a moratorium should be to suspend all development, saying, "I am not particularly in favor."
"I don’t see any reason to limit it to the northeast quadrant," Clark announced just before the vote.
Reilly said that the board needs to focus on zones under the greatest development pressure. "A moratorium should always be as limited in scope as possible," he said, stating the power should not be overused.
Neri chimed in with her agreement, saying, "I think we should go ahead."
"I just think it’s not enough," Clark told The Enterprise.
He said he is concerned that the moratorium deals only with a small section of town, and the whole town is under development pressure. "I’m not confident that this will satisfy the concerns of the residents in the northeast quadrant," he said.

Last October, the board was presented a petition, sponsored by the Northeast Neighborhood Association, requesting that the area be re-zoned to an R2 district, which would require residential lots be a minimum of two acres. Some residents said this would preserve the character of the area. Some other large property owners from the MDR zone submitted a petition opposing a re-zone to R2. Other concerns were expressed to the board about availability of water and sewer resources for development, and what kinds of future developments could be facilitated by current developments.

Reilly said that the board was in agreement that rezoning the MDR zone to an R2 zone would not appropriately handle the problem.
The new law states that, for six months from the effective date of the law, "No applications for subdivision approval, site-plan approval, special-use permits, or for planned unit developments shall be accepted or considered by officials or boards of the town of New Scotland."

L. Michael Mackey, the town’s attorney, told The Enterprise that the law "becomes effective immediately upon filing with the Secretary of State." He said that his office has mailed out the appropriate paperwork, and the law should become effective by the end of the week.
Exceptions to the law include the "maintenance, repair, replacement, modification or alteration" of structures that do not increase the size of the original structure by more than 50 percent; applications that are pending before the planning board or town board for review; applications that have been approved by either board; and applications for residential subdivisions that create 10 lots or fewer.

Two substantial planned unit developments would be exempt from the moratorium. The Maldel development on Krumkill Road and the Kensington Woods development both have applications that are currently pending, and would therefore not be restricted by the law.

The board also heard a short presentation from Theresa Bakner of Vista Development Group, LLC during the public hearing portion of the meeting on plans for the Vista tech park, also in the northeast quadrant. The project has been in the works since March of 2003, when Albany County’s executive office dedicated $1 million to the development of the park.

The property is owned by William Jones. About 20 percent of the property is within the town of New Scotland, with the remainder in Bethlehem.

The project would require a re-zone for the portion of the property to be used for the tech park, Paul Cantlin, the zoning administrator and chief building inspector, told The Enterprise.

The moratorium won’t affect the project as it has been pending for so long, Cantlin said.

The board expressed no concerns with the tech park.

Other business

In other business, the town board:

– Heard from Keith Menia of Vollmer Associates, LLP on a request to extend the firm’s budget $12,000 until March, 2008. The town signed a contract in 2003 with Vollmer to assist in the implementation of storm-water management initiatives over a five-year period;

– Scheduled a public hearing for Wednesday, Oct. 11, at 6:30 p.m. regarding the Swift Road Water District Extension #5;

– Adopted a resolution designating Maldel, LLC as the lead agency for the planned unit development on Krumkill Road. Maldel requested that the application be put on hold, while an alternate water source is sought;

– Accepted the dedication of a deed from Neelam Narang for his property on Grayceland Avenue. The board also approved that all escrow account balances minus any applicable fees be returned to Narang;

– Heard from Charles Carrow Sr., of Carrow Real Estate Services, LLC on his application for Phase II of the development of senior housing units on New Scotland Road. The board elected Peter Barber and Vollmer Associates to assist in the review of the project. The application was referred to the planning board;

– Approved a clarification to the lot fee schedule (see related story);

– Announced that Computer/Electronic Recycling Day will be held on Friday, Sept. 29, from 8 a.m to 3 p.m. and Saturday, Sept. 30, from 8 a.m. to noon in the town of Bethlehem, and New Scotland will join in;

– Adopted a resolution making Echo Lane, Tractor Path, and Celtic Court private roads;

– Granted permission for the town to sell two trucks;

– Amended the town’s emergency management and business continuity plan for records management, and the town’s emergency-response plan;

– Approved the membership of Alex A. Cheban to the Onesquethaw Volunteer Fire Company;

– Hired Joanne Soules as a data-collection consultant for a maximum of three days during the first week of October for a total budget adjustment of $750;

– Granted permission for town employees to donate blood during working hours at the Plum Fest Blood Drive to be held Friday, Sept. 29, from 1 to 7 p.m. at the New Scotland Town Hall;

– Announced that there will be an American Association of Retired Persons driver review class held on Nov. 2 and 3 from 1 to 5 p.m. at the Wyman Osterhout Community Center;

– Announced that flu shots will be given on Tuesday, Oct. 31, from 1:30 to 3:30 p.m. at the Wyman Osterhout Community Center;

– Announced that the town will change the locks on the community center and begin issuing permits for access to keys; and

– Re-appointed Andrew Barothy-Langer as a member of the assessment board of review for a term ending Sept. 30, 2011, and re-appointed Paul Nichols as chairperson for the term beginning Oct.1, 2006 and ending Sept. 30, 2007.