GUILDERLAND — Resident John Raucci received subdivision approval from the planning board for his property on East Lydius Street last week, even though an oil tank is purportedly buried on the newly-created lot.
"I’m not sure what it is," Raucci told the board. "I see two vent lines coming out of the earth."

Raucci owns a home at 3157 East Lydius Street, and he purchased the adjacent home at 3149 East Lydius Street. He is dividing the 3.5-acre property of the second home into two lots, with the home now placed on a smaller lot.

Raucci said that he will sell the home on the front lot, and keep the rear, undeveloped lot, which he may subdivide later. The oil tank may be buried behind the home’s garage.
"It may be an oil tank that heated the house," said planning board Chairman Stephen Feeney. He said that Raucci would address issues about the tank when he came back to further subdivide the rear property.

Neither Feeney nor town Planner Jan Weston knew of standards to be met for private underground tanks.
"The subdivision does impact those tanks," said planning board Attorney Linda Clark. "I think it’s a fair question for the planning board."
"It’s still an environmental issue," said board member Thomas Robert.
"We could condition approval on [New York State Department of Environmental Conservation] petroleum storage requirements," Feeney said. "Is it mandatory for it to come out" I don’t know." He said that the tank could be leaking and affecting nearby groundwater, although the lots, themselves, have access to public water and sewer.
"I don’t think it really matters"if it’s buried and not affecting anything," DEC representative Lori O’Connell told The Enterprise.

O’Connell said that the DEC does not regulate the subdivision of property, unless there is evidence of a spill. Tanks over 1,100 gallons, which are usually commercial-sized, must be registered with the DEC and in compliance with its regulations, she said. No tank of that size is registered at Raucci’s address, O’Connell said, nor is one expected to be on the residential property.

No town residents spoke at the public hearing for the subdivision.

Raucci must also submit a signed and stamped plan before approval is granted.

Farming or carving"

Loretta Saluzzo-Cox received board approval to subdivide her property on Frenchs Hollow Road, but neighbors spoke out about the future of farming in Guilderland and the effect the subdivision will have on the character of the neighborhood.

Saluzzo-Cox asked to subdivide her 6.1 acres into two lots to create a 2.5-acre building lot for her parents. Her home is a two-family house with an in-law apartment. Her property is zoned for agriculture.

Gail Hein, a neighbor who, she said, helped on the committee to create a plan for rural Guilderland, objected to the subdivision. She said that the plan promoted keeping patches of wild habitat, and protecting scenic roads like Frenchs Hollow Road. She also said that rural character is good for bicycling. She said that the purpose of agricultural zoning is to protect open land. Hein said that allowing the subdivision would be chipping away at agricultural land.

Weston said that single-family houses are permitted in agricultural zoning areas. The two-family home, the board said, was grandfathered in.
"We are powerless to deny this subdivision. We couldn’t legally deny this subdivision," Feeney said. He said that cutting up only six acres would not affect farmland like cutting up larger parcels. Feeney said that the parcel is already small at six acres, and that one can do "some, but not much, farming on six acres."

A second neighbor worried that the additional home would allow apartment renters, rather than single-family homeowners, in a neighborhood of mostly single-family homes. Saluzzo-Cox’s home is currently under construction for an addition.

The board said that two families are allowed to live in the original structure, and that persons occupying the in-law apartment must provide proof of relation each year. Weston said that, if an owner rents a single-family home, the arrangement is not the town’s concern. Everything about the current construction is legal and has all the required permits, Weston said.

Other business

At recent meetings, the planning board:

— Continued a public hearing for Michael Whalen for a two-lot subdivision of 2.8 acres at 3 Brooks Road. Whalen said that he met with the town assessor, who told him that they own the road. However, the surveyor Whalen hired, O.J. Meyer, of Albany, did not stamp or certify that Whalen owns Brooks Road, or indicate an existing easement, the board said.
"Access is kind of a critical point of saying we can grant subdivision of a property," Feeney said.
"There are a lot of different ways you can have ‘ownership’ of a road," said Linda Clark, the planning board’s attorney. She suggested that Whalen consult an attorney.

Feeney said that, if Whalen does not own the road, he may have the right to cross it. He may not have the right to subdivide property, and then grant that right to someone else, Feeney said.