Country-club development granted longer cul-de-sac
NEW SCOTLAND Over the objections of several residents, Amedore Homes was granted a variance for a longer cul-de-sac for a cluster development at the Colonie Country Club.
The towns zoning board of appeals granted an area variance for 545 feet of relief more than half-again as much as the law allows last Tuesday after a public hearing where numerous residents, who had waited patiently through a nearly two-hour public hearing on a proposed cell tower, voiced their concerns about the roadway.
Issues of privacy, property value, and access for emergency vehicles were raised.
The hearing was only concerning the length of the road all other aspects of the application for the 35-lot subdivision will be considered by the planning board.
Daniel Hershberg, of Hershberg and Hershberg, represents Amedore Homes, the developer planning the project. Hershberg explained to the board that, if the cul-de-sac were to be scaled back to 1,000 feet the length permitted by the zoning law the roadway would be constructed over an area that was formerly a mine, and it would require a significant amount of fill.
The intent of the 1,000-foot cul-de-sac length, said Keith Menia, an engineer with Stantec, the town’s engineering firm, is to have multiple ways into and out of a subdivision for fire protection and ambulance service purposes. "I would consider this a very minimal variance request," said Menia.
The homes will be "individually designed," Hershberg told the board earlier. Some will be one-story, and some will be two-story homes, he said. "These will be on the expensive side," he said, giving a ballpark starting price of around $500,000.
David Moreau, who owns 65 acres on Youmans Road, adjacent to the Colonie Country Club property, said, at last weeks meeting, that he would be interested in donating land for further development. "I don’t see any possibility for future development," said Moreau, adding that his property is available.
Michael Canfora lives on Locust Drive. He told the board he is opposed to the extension; he moved into his house because there were few homes in the area, he said. If the road is constructed at 1,545 feet, homes would be constructed behind his property, but, if the road were kept at 1,000 feet, they would not be behind his yard, he said.
Candice Raderman, a member of the Voorheesville ambulance committee, is concerned that the longer road will create safety issues. "I see a danger to the longer roadway," said Raderman.
"From a practical standpoint," said Menia, a fire truck is going to go around a vehicle parked on the street, or through it, or, it will be driven on a lawn. "It’s going to get back there," he said.
Raderman explained that the trucks are difficult to drive and driving on someones lawn is not always viable.
Kerry Hatch questioned why, if the zoning law allows for cul-de-sac streets to be 1,000 feet, the town can skirt around the law for a developer.
The attorney for the zoning board, Louis Neri, said that having variances is part of the law.
Paul Golden, a residenr of Maple Lane, said that he thinks it is inappropriate to grant a variance to "an application that is ill-conceived."
The applicant is proposing to build 31 single-family homes, and two duplexes. Herschberg told the board at an earlier meeting that plans for a development on the property have been ongoing for many years, but until a recent agreement with the village of Voorheesville for municipal water to the site, the project was at a standstill.
Matthew Hotopp spoke on behalf of a neighbor who lives in Florida but may return to the area. His neighbors property abuts the lot where a duplex is proposed, and, said Hotopp, the presence of a duplex on the back property line directly impacts his property value.
On Tuesday, the planning board agreed that it would be a good idea if Hershberg considered including an easement or dedicated right-of-way to provide access to the end of the cul-de-sac for fire service purposes, or to extend the roadway in the event of future development.
Several Forest Drive residents expressed concerns to the planning board about the buffer zone between their properties and the proposed development. Chairman Robert Stapf answered their comments by saying that the board does not yet know how it will address that issue. Stapf said he is hesitant to put a name such as "no-cut zone" on it at this point, because it is unclear what course the board will take.
Other business
In other business at recent zoning- and planning-board meetings:
The planning board issued a one-year extension for a special-use permit for Matt Fiske to erect a single-family dwelling on his property off of Youmans Road;
The planning board issued a one-year extension for a special-use permit for Ron Shelmerdine for the movement, disturbance, and placement of more than 100 yards of earth on his property on New Salem South Road;
The planning board approved a sketch-plat submitted by Ray Gemme of Trinity Properties for a 14-lot subdivision on a 28-acre parcel adjacent to Claremont Subdivision, which lies entirely in the village of Voorheesville. The parcel is located in a residential-agriculture district. The applicant proposes to connect the existing roadway with a 900-foot loop, off of which would be a 1,000-foot cul-de-sac. The lots will all be approximately 44,000 square feet, each with its own individual septic systems, Gemme said. He will negotiate with the village for municipal water;
The zoning and planning boards heard an application for an area variance submitted by Sydney Dunston to be allowed to replace an existing 480-square-foot mobile home with a larger 980-square-foot mobile home on his Orchard Hill Road property. The parcel is located in a residential-agriculture district, and zoning requires that any increase of more that 25 percent to an existing mobile home on a lot outside of a mobile-home park, get an area variance.
The current home was purchased new in 1958, and, said Dunston, "I think it has outlived its usefulness." The planning board passed along a favorable recommendation to the zoning board. "What the applicant is proposing will improve the neighborhood," said Stapf;
The zoning and planning boards heard an application for an area variance submitted by Darrell Duncan, the towns highway superintendent, on behalf of Edward Mead to be allowed to construct an addition to the side of an existing dwelling that will be within the required front-yard setback. The parcel is located in the residential-agriculture district on New Salem Road.
The applicant is requesting 16-feet, 9-inches of relief from the 70-foot front-yard setback requirement, to allow the addition to come within 53 feet, 3 inches of the front property line. The planning board passed a favorable recommendation on the zoning board; and
Both the zoning and planning boards heard an application for an area variance and a special-use permit from Michael Cusack, on behalf of Cellco Partnership, doing business as Verizon Wireless, to extend an existing 95-foot tower, owned by the village of Voorheesville and located on Woods Hill Road, to a height of 110 feet, with a four-foot lightening rod. Zoning requires setbacks of 110 percent of a towers height from all property lines. The tower was originally approved in 1996 at a height of 100 feet, but for some reason it was only built to 95 feet, Cusack said.
The purpose of the project, said Cusack, is to "clean up service" in New Scotland, specifically, the New Scotland hamlet, the village, and New Salem.
The planning board announced it has issues with the lay-down area, and diesel fuel being stored on site for a backup diesel generator. Stapf asked that Cusack provide information about the generator and the potential noise levels and pollution associated with it.
The board was also concerned with the strength of the footing with the added weight, and the need for additional visual simulations.
The applicant will need to do a balloon test, and engineer Keith Menia suggested that the planning and zoning boards give input on sites where photo simulations should be taken.
Stapf also asked that Cusack re-investigate additional sites that might be feasible to meet his needs. "Personally, I’m not really enthused about this application," Stapf said.
The advantage of this site is that it will extend and cover New Salem, where other sites wont, Cusack said.
Stapf asked that the applicant also provide data regarding wind, icefall, and snowfall.
The planning board will be the lead agency on the State Environmental Quality Review Act portion of the application.
