Despite water worry
Two-lot subdivision approved on Hawes Road



GUILDERLAND — The planning board last week approved dividing 92 acres on Hawes Road into two lots, but concerned neighbors asked for reassurance that their water supply would be protected.

Property owner Robert Loden wants to sell 11.4 acres to a buyer who plans to build a home nestled into the woods on the property, he said.

The board received letters from Carolyn Fowler, who spoke against the subdivision last month, and her spouse. Their attorney, Donald Zee, explained that the Fowlers’ water supply, which has failed elsewhere twice before, is now provided by easement from a spring house on a portion of the land to be sold.
Zee asked the board if it would restrict the smaller lot from further subdivision, but board member Michael Cleary said, "We haven’t asked him."

Further subdivision would require greater scrutiny of an application, Chairman Stephen Feeney said. Zee said that the town’s environmental advisory committee had examined the property and found a large number of building sites.
"To go through all the potential development would be unreasonable," Feeney said. "It’s one lot."
He said that a building setback of 200 feet is required by health-department standards down-gradient of a septic system. The plan for the 11-acre parcel shows a 600-foot setback, or more, Feeney said, "well within any public health considerations."

Zee also asked the board to test the effect a new well would have on neighboring systems, as it has required developers of large residential areas to do in the past.
Board member James Cohen said that the developments Zee referred to were for tens of lots. "This is one," he said.
Zee further asked the board to "set aside some assurance" for his clients’ well if the new building lot were approved.
"I’m not sure we can guarantee that. We’re comparing apples to oranges, here," Feeney said. "They’re clearly in compliance with public health standards." Feeney said that he had spoken with a hydrogeologist, who said that there is no way to be certain what may have caused a well to fail.
"To me, if seems that would be going a bit far. That‘s a pretty high standard to put in this situation," Feeney said.

Zee asked that the Fowlers be given an easement to hook up to the new residential well being put in, if theirs fails.
"To me, that would be unreasonable," Feeney said.

The board asked Loden and his buyer to dedicate a five-foot strip along the west side of Hawes Road for an easement for future town improvement

Other business

In other business, the planning board:

— Revised a special-use permit for Gordon Residential Development, a storage facility on 50 acres on Wagner Road. The facility can now store vehicles, like boats or other recreational vehicles.
"I’m just concerned about junk vehicles," said board member Thomas Robert.
"No, these are licensed vehicles," said engineer Daniel Hershberg.
"The design’s kind of awkward, but the wetlands"." Feeney said.
""The wetlands caused that," Hershberg said. About one third of the property is wetlands, and the design has the septic system far from the buildings;

— Approved a request by Stuyvesant Plaza to construct a 1,100 square-foot maintenance storage building.
"We’re trying to consolidate some of our operations," said plaza representative Edward Costigan. The new building will be built behind the administration building that abuts the Northway extension; and

— Approved the division of a tax parcel at 4278 Western Ave. into two parcels. The property, owned by Freda Hartmann, has two existing homes which were once on two separate parcels. One of the re-instated lots is 2.1 acres, and the other is 14.9 acres.