FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
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`INDEX NO. 903531-19
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`RECEIVED NYSCEF: 07/26/2019
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ALBANY
`____________________________________________________
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`In the Matter of the Application of
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`FREDERICK TRESSELT, WILLIAM BURNS, THOMAS
`MANCUSO, MELISSA MAYONE, CASSANDRA
`GORDON, JAMES FINN, and JOANN FINN,
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`Petitioners,
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`-against-
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`TOWN OF GUILDERLAND ZONING BOARD OF
`APPEALS, GEOFFREY VAN EPPS, MICHELLE VAN
`EPPS, HIAWATHA TRAILS, LLC, and HIAWATHA
`LAND DEVELOPMENT LLC,
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`For an Order and Judgment Pursuant to Article 78 of the
`Civil Practice Law & Rules
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`Index No. 903531-19
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`Respondents.
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`ADMINISTRATIVE RECORD
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`Volume 1 of 6 (AR1 – AR644)
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`TOWN ATTORNEY, TOWN OF
`GUILDERLAND
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`James P. Melita, Esq.
`Attorney for Respondent Town of
`Guilderland Zoning Board of Appeals
`Town Hall
`PO Box 339
`5209 Western Turnpike
`Guilderland, New York 12084
`(518) 356-1980
`jpmlaw@ymail.com
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
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`INDEX NO. 903531-19
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`RECEIVED NYSCEF: 07/26/2019
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`INDEX TO ADMINISTRATIVE RECORD
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`December 2017 – Application Materials, Correspondence and Related Documents ........ AR1-47
`
`
`- Letter to Jean Cataldo, Guilderland Town Clerk from Daniel Hershberg
`dated 12/27/2017
`
` -
`
` Letter to Town Supervisor and Town Board Members from Terresa M.
` Bakner, Esq. dated 12/27/ 2017 and enclosures
`
` -
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` Hiawatha Trails, Legal Description of Lands to be Rezone
`
` -
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` Town of Guilderland – Application for Change of Zone
`
`- Full Environmental Assessment Form, Part I, Project and Setting, dated
`12/27/2017
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`- Planned Unit Development Submission, Narrative Description, Hiawatha
`Trails, A Retirement Community dated 12/26/2017
`
`January 2018 – Application Materials, Correspondence and Related Documents ............ AR48-65
`
`
`- Memo to Planning Board from Jean Cataldo dated 1/3/2018
`
`
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`- Town of Guilderland Receipt # 22988 to Hershberg & Hershberg
`12/29/2017
`
`- Town of Guilderland Conservation Advisory Council Meeting Notice
`dated 1/14/2018 and Summary 1/16/2018
`
`- Public Comments
`
`- Town of Guilderland Planning Board Minutes of Meeting 1/24/2018
`
`February 2018 – Application Materials, Correspondence and Related Documents ......... AR66-150
`
`
`- Town Board Agenda and ZBA Meeting Minutes 2/6/2018
`
`- Public Comments
`
`- Gmail to Peter Barber and Steve Fenney from Dan Hershberg dated 2/14/2018 and
`Amended Plan
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`March 2018 –Application Materials, Public Comments and Related Documents ........... AR151-213
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
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`INDEX NO. 903531-19
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`RECEIVED NYSCEF: 07/26/2019
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`April 2018 – Application Materials, Correspondence and Related Documents ................ AR214-290
`
`
`- Traffic Evaluation dated 4/9/2018, Engineering and Concept Site Plans,
`Evaluation views of site and Supplemental submissions
`
`- Letter to Town Supervisor and Board Members of the Town of
`Guilderland from Daniel R. Hershberg, P.E. & L.S. dated April 11, 2018
`and enclosures
`
`
`
`- Public Comments
`
`- Memo to Supervisor Butler from Daniel Hershberg dated 4/17/2018
`
`- Public Comments
`
`May 2018 – Application Materials, Correspondence and Related Documents ................. AR291-354
`
`
`- Phase I Archaeological Survey, Hiawatha Trails Development Project
`Prepared by Stony Creek Archaeology, Inc. for Hershberg & Hershberg
`dated 5/4/2018
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`
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`- Land Use Committee, Town of Guilderland Application
`
`- Public Comments
`
`June 2018 – Application Materials, Correspondence and Related Documents ................. AR355-379
`
`
`- Letter to Town Supervisor and Town Board Members from Daniel R.
`Hershberg, P.E. & L.S. dated 6/14/2018 withdrawing Hiawatha Land
`Development Application
`
`- Letter to Guilderland Town Supervisor and Town Board, Chair of the
`Zoning Board of Appeals and Board members and Board Chair from
`Terresa M. Bakner, Esq. 6/15/2018
`
`- Memo to K. Crowley, NYS Department of Transportation from W.
`Holsberger 6/21/2018 and Revised Public Comments
`
`
`
`
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`- Updated VHB Traffic Evaluation 6/26/2018
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`- Town of Guilderland Regular Board Meeting Minutes 6/19/2018
`
`July 2018 – Application Materials, Correspondence and Related Documents .................. AR380-542
`
`
`- Letter to Chairman and Members of Zoning Board of Appeals from
`Terresa M. Bakner, Esq. 7/20/2018
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
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`INDEX NO. 903531-19
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`RECEIVED NYSCEF: 07/26/2019
`
`
`- Narrative Description, Special Use Permit Application, Area Variance; Full
`Environmental Assessment Form
`
`- Phase I Archaeological Survey, Hiawatha Trails Development prepared by
`Stoney Creek Archeology, Inc. 5/4/2018
`
`- VHB Updated Traffic Evaluation 6/26/2018
`
`
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`- Full Environmental Assessment Form, Part I – Project and Setting
`7/18/2018
`
`- Town of Guilderland Regular Board Meeting Minutes 7/17/2018
`
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`August 2018 – Application Materials, Correspondence and Related Documents ............. AR543-587
`
`
`- Letter to Greeman-Pederson, Inc. from Peter Barber, Supervisor traffic
`impact Assessment and Signal Warrant Analysis
`
`- Planning Board Referral Checklist
`-
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`- Letter to NYSDOT Region from vhb summary and comments 8/14/2018
`
`- Response to DOT Comments
`
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`September 2018 – Application Materials, Correspondence and Related Documents ....... AR588-763
`
`
`- Hershberg & Hershberg Slope Stability Evaluation (including infiltration
`tests)
`- Wetland Delineation and Endangered Species Screening 8/2018
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`- Quenzer Environmental LLC Report
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`- Dente 7/25/2018 Slope Stability Analyses
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`- 9/18/2018 Correspondence to Town from Hershberg enclosing site plans
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`- Greenman-Pederson, Inc. Report
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`- Albany County Planning Board Notification, Recommendation Date
`9/20/2018
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`- Albany County Planning Board Planning and Zoning Action Referral Form
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`- Town of Guilderland Planning Board Meeting Agenda and Minutes
`9/26/2018
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
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`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`
`October 2018 – Application Materials, Correspondence and Related Documents ........... AR764-1549
`
`- Letter dated 10/24/2018 to Town of Guilderland Planning Board and
`Zoning Board of Appeals from Terresa M. Bakner, Esq. enclosed Revised
`Site Plan and Backup
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`- Wetlands Delineation Species Screening prepared by Hershberg 8/2018
`
`- Quenzer Environmental LLC Report
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`- Hershberg 10/4/2018 Storm Water Pollution Prevention & Storm Water
`Management Report
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`- Geotechnical-Engineering Report
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`- Dente Report
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`- Slope Stability Sections and Reports
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`- Wetlands Delineation and Endangered Species Screening
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`- Report by New York Natural Heritage Program 8/3/2018
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`- Hershberg - Phase I Archeological Survey by Hershberg 5/4/2018, Printed
`10/23/2018
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`- NYS Department of Environmental Conservation MS4 Stormwater
`Pollution Prevention Plan (SWPPP) Reports
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`- VHB Traffic Analysis Report 10/18/2018
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`- Greenman-Pedersen Traffic Analysis Report
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`November 2018 – Application Materials, Correspondence and Related Documents ....... AR1550-1575
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`
`- Letter determination to Hiawatha Land Development, LLC from the
`Department of the Army dated 11/21/2018
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`- Letter to VHB from the New York State Department of Transportation
`dated 11/21/2018
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`- Memo dated 11/26/2018 to Wendy Holsberger and Alanna Moran from
`Kristina Crowley (DOT) re Hiawatha Comment Responses
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`5 of 654
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`- Gmail to Kristina Crowley (DOT) from to Wendy Holsberger and Alanna
`Moran re Hiawatha Comment Responses 11/21/2018
`
`- Public Comments
`
`
`December 2018 – Application Materials, Correspondence and Related Documents ........ AR1576-1750
`
`
`- Letter dated 12/28/2019 to Town Planner, Tow m of Guilderland from
`Daniel Hershberg enclosing Revised Site Plans
`
` -
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` Town of Guilderland Planning Board Meeting Notice and Minutes
`12/12/2018
`
`- Letter to Carrow Real Estate from VHHB in response to GPI Comment
`Letter
`
`- Memos to W. Holsbergen from K. Crowley re geometry of the proposes
`Site Access 12/4/2018
`
`- Letter to Town Planner, Town of Guilderland from Hershberg dated
`12/5/2018 enclosing Revised Site Plan Driveway
`
`- VHB 12/5/2018 letter to Town Planner re Project Update including
`Unsignalized Capacity Analyses, 2-Lane Maintenance Signal Warrant
`Evaluation Worksheets, RTOR Reduction Signal Warrant Evaluation
`Worksheets, Travel Sped Date; Original Signal Warrant Evaluation
`Worksheets
`
`- Memo to Town Chairman from Town Planner 12/6/2018 re Project Update
`including Site Plain dated 10/28/2018 and Revised 12/6/2018, Letters from
`VHB Consultants and NYSDOT, GPI Consultants Traffic Impact Review
`
`- Planning Board Draft Site Plan Report and Recommendation 12/11/2018
`
`- Presentation to the Board
`
`- Letter to Guilderland Chief Building Inspector from Hershberg dated
`12/26/2018 enclosing - Subdivision Application, Concept Subdivision Plat,
`Area Map, Short Environmental Assessment Form, Full Environmental
`Assessment Form (previously submitted) Subdivision Checklist,
`Application Fee and USB Drive with all application materials
`
`January 2019 – Application Materials, Correspondence and Related Documents ............ AR1751-1777
`
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`- Sanitary Sewer Engineer’s Report, Hiawatha Trails prepared by Hershberg
`& Hershberg
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`
`- Public Comments
`
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`February 2019 – Application Materials, Correspondence and Related Documents .......... AR1778-1818
`
`
`- ZBA Agenda 2/6/2018 and Minutes
`
`- Public Comments
`
`- VHB Engineering 2/19/2019 Comments and Response
`
`- Letter from Terresa M. Bakner, Esq. to Zoning Board of Appeals dated
`2/5/2019 re: Response to Comments to Proposed Supplemental Submission
`
`
`March 2019 – Application Materials, Correspondence and Related Documents .............. AR1819-2596
`
`
`- Letter to Chief Building Inspector from Guilderland Fire District, Inc.
`outlining concerns
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`- Letter to VHB from NYSDOT dated 3/8/2018 and 3/12/2018 concerning
`conceptual approval of the installation of a driveway at location Public
`Comments
`
`- Letter to Town Chief Building and Zoning Inspector from Hershberg dated
`3/22/2018 enclosing Revised Set of Plan, Revised Stormwater Pollution
`Prevention Plan and Stormwater Management Plane and USB drive.
`
`
`
`- NYS Department of Environmental Conservation SPDES General Permit
`for Stormwater Discharges from Construction Activity Permit No. GP-0-
`15-002 Effective dated 1/29/2015 Expiration 1/28/2020 Public Comments
`
`
`April 2019 – Application Materials, Correspondence and Related Documents ................ AR2597-3506
`
`
`- 4/17/2019 ZBA Agenda, hearing notice and minutes
`
`- Public Comments
`
`- Letter to Chair and members of ZBA from Terresa M. Bakner, Esq. dated
`4/26/2019 re Hiawatha application
`
`- Letter from Delaware Engineering to Jacqueline Coons, Chief Building
`and Zoning, Guilderland dated 4/8/2019 outlining review of proposed
`Hiawatha Trails project
`
`- Letter to J. Coons from D. Hershberg dated 4/11/2019
`
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`vi
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`- Letter to Ken Kovalchik, Town Planner and J. Coons, Chief Building
`Inspector forwarding from Brian Forte, Guilderland Fir District, Inc. dated
`3/5/2019 re concerns
`
`- Full Environmental Assessment Forms, Part 1 – Project Setting dated
`7/18/2018 Revised 4/11/2019 including EAF Mapper Summary Report
`including:
`Storm Water Pollution Prevention Plan (SWPPP) & Storm Water
`Management Report (SWMR) 10/4/2018, Revised 3/20/2019 & 4/10/2019
`including -Geotechnical Engineering Report including USGS Topograpic
`Map and Aerial Photograph Suburface Investigation Plan, Test Boring
`Logs and Key, Dente Group summary and charts, Infiltration Test Results,
`Laboratory Test Results, Slope Stability Sections and Reports, Phase 1
`Archaeological Survey, Wetland Delineation & Endangered Species
`Screening
`
`- NYS Department of Environmental Conservation SPDES General Permit
`for Stormwater Discharges from Construction Activity Permit No. GP-0-
`15-002 Effective dated 1/29/2015 Expiration 1/28/2020
`
`
`May 2019 Application Materials, Correspondence and Related Documents .................... AR3507-3591
`
`
`- 5/15/2019 ZBA Agenda, hearing notice and minutes including public
`comments
`
`
`
`
`
`
`
`
`
`- Letter to Ken Kovalchik, Town Planner and J. Coons, Chief Building
`Inspector forwarding from Brian Forte, Guilderland Fir District, Inc. dated
`5/7/2019 re concerns
`
`- Public Comments
`
`- Delaware Engineering letter to Guilderland Chief Building and Zoning
`Inspector dated 5/9/2019
`
`- Full Environmental Assessment Forms, Part 1 – Project Setting dated
`7/18/2018 Revised 4/11/2019 including EAF Mapper Summary Report
`
`- Full Environmental Assessment Form, Part 3 – Evaluation of the
`Magnitude and Importance of Project Impacts and Determination of
`Significance dated 5/16/2019
`
`- Letter to Guilderland Chief Building and Zoning Inspector from Daniel
`Hershberg dated 5/23/2019 Delaware Engineering letter to Guilderland
`Chief Building and Zoning Inspector dated 5/7/2019
`
`vii
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`- Full Environmental Assessment Form, Part 1, Project and Setting dated
`7/18/2018 Revised 4/11/2019 including EAF Mapper Summary
`
`- Full Environmental Assessment Form, Part 3 – Evaluation of the
`Magnitude and Importance of Project Impacts and Determination of
`Significance dated 5/16/2019
`
`- Special Use Permit and Area Variance Decision– Town of Guilderland
`Zoning Board of Appeals Number 02-19 dated 5/16/2019
`
`- Full Environmental Assessment Form, Part 2 – Identification of Potential
`Project Impacts
`
`- State Environmental Quality Review Act, Negative Declaration, Notice of
`Determination and Non-Significance 5/15/2019
`
`- Letter to Guilderland Chief Building and Zoning Inspector from Daniel
`Hershberg dated 5/7/2019 including Revised Site plans, Storm water
`Pollution Prevention Plan and Stormwater Management Plan; and USB
`drive
`
`June 2019 Application Materials, Correspondence and Related Documents .................... AR3592-4426
`
`
`- Letter to Guilderland Chief Building and Zoning Inspector from Daniel
`Hershberg dated 6/6/2019NYS Department of Environmental Conservation
`SPDES General Permit for Stormwater Discharges from Construction
`Activity Permit No. GP-0-15-002 Effective dated 1/29/2015 Expiration
`1/28/2020
`
`Storm Water Pollution Prevention Plan (SWPPP) & Storm Water
`Management Report (SWMR) 10/4/2018, Revised 3/20/2019, 4/10/2019 &
`6/3/2019 including –Dente 7/25/2018 Letter and Report to Daniel
`Hershberg, Geotechnical Engineering Report including USGS Topograpic
`Map and Aerial Photograph, Suburface Investigation Plan, Test Boring
`Logs and Key, Dente Group summary and charts, Infiltration Test Results,
`Laboratory Test Results, Slope Stability Sections and Reports, Quenzer
`Environmental Report, Phase 1 Archaeological Survey
`
`- NYS Department of Environmental Conservation MS-4 Stormwater
`Pollution Prevention Plan (SWAOO) Acceptance Form
`
`- NYS Parks, Recreation, and Historic Preservation letter to Stony Creek
`Archeology, Inc. dated 5/8/2018 and Report
`
`- NYS Department of Environmental Conservation, Construction Activity
`Permit No. GP-0-15-002 dated 1/29/2015, Expiration 1/28/2020
`
`
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`viii
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`9 of 654
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`
`Miscellaneous ................................................................................................................... AR4427-4440
`
`
`- ZBA Minutes 5/15/2019
`
`- Option B: Overall Plan without Height Variance
`
`- February 6, 2019 ZBA meeting video link
`https://viewer.earthchannel.com/PlayerController.aspx?&PGD=guilderlandny&eID=71
`
`- April 17, 2019 ZBA meeting video link
`https://viewer.earthchannel.com/PlayerController.aspx?&PGD=guilderlandny&eID=85
`
`
`Certification to Administrative Record Pursuant to CPLR 7804(e) .................................. AR4441
`
`
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`ix
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`10 of 654
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
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`Engineers
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`and Surveyors
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`FOUNDER
`Ben B, Hershberg, P.E., L.S.
`(1901-2002)
`
`PARTNERS
`Daniel R. Hershberg, P.E., t.S,
`Abraham F, Sofer, R.A.
`Francis G, McCloskey, L.S.
`
`BY COURIER
`
`December 27, 2017
`
`Ms. Jean Cataldo
`Town Clerk - Town of Guilderland
`Guilderland Town Hall
`5209 Western Avenue
`Guilderland, New York 12084
`
`Re:
`
`Hiawatha Trails
`Proposed PUD
`Guilderland, New York
`H&H File #2017-0192
`
`Dear Ms. Cataldo:
`
`Enclosed please find the following for your review:
`1. Sixteen (16) copies of a letter from Terresa Bakner, Esq..
`2. Sixteen (16) prints of the site plan
`3. Sixteen (16) copies of a building rendering.
`4. Sixteen (16) copies of the Application for Change of Zone.
`5. Sixteen (16) copies of the Full Environmental Assessment Form.
`6. Sixteen (16) copies of the Legal description of the property to be
`rezoned
`7. Sixteen (16) copies of a Narrative Description of the lands to be
`rezoned.
`8. A check for $400 as a fee for the Change of Zone Application.
`
`If you require any additional
`your convenience.
`
`information please feel free to contact me at
`
`Sincerely yours,
`HERSHBERG & HERSHBERG
`
`Daniel R. Hershberg, P.E & L.S.
`
`Enclosures
`
`DRH/dan/201 701 92JCPUD01 .doc
`
`18 Locust Street
`Ibany, New York 122113
`(518) 459-3096
`FAX (518) 459-5683
`: E-Mail Address;
`Idicr.shI>ci'K@uol.coiii
`
`;y
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`11 of 654
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`AR1
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`Attorneys at Law
`
`www.woh.com
`
`Temsa SI. Baknw
`Parlnw
`5III,I87.7(iI5 plinnr
`llmliMr@mh.com
`
`W1I1TEMAN
`
`OSTGRMAN
`
`& HAN NA i
`
`i.p
`
`One Commerce Plaza
`
`Albany, New York 12260
`
`518.487,7600 phone
`
`518,487,7777 fax
`
`December 27, 2017
`
`Town Supervisor and Town Board members
`of the Town of Guilderland
`Guilderland Town Hall -2nd Floor
`5209 Western Turnpike
`
`P.O. Bon 339
`Guilderland, NY 12084
`
`Re:
`
`Proposed Independent Senior Living Apartments and an Office Building—
`Request for a Planned Unit Development District
`
`Dear Town Supervisor and Town Board members:
`
`On behalf of Hiawatha Land Development. L.L.C. (hereinafter Hiawatha or Applicant), I
`am requesting that you establish a PUD on tax map parcels 50,00- 1-13.1 and ,2 and 50,00-1-14
`located in the Town of Guilderland along NYS Route 155, also known as State Farm Road. These
`parcels are currently owned by Hiawatha Trails, LLC and/or Geoffrey and Michele Van Epps. The
`Applicant is under contract to purchase these parcels which comprise 43,8+/- acres of property.
`Most of the property is currently used as the Hiawatha Trails Executive golf course. The golf
`course has been open to the public for a fee for many years. Unfortunately, the golf course is no
`longer economically viable and so is being sold and redeveloped. The Applicant believes and has
`commissioned a study to show that the Town of Guilderland and surrounding market area is
`underserved with independent senior living units. This project has been designed to fulfill that
`need, while also providing for an office building to occupy some of the extensive frontage on NYS
`Route 155.
`
`The Applicant is seeking the establishment of a PUD because of the height of the proposed
`independent senior living apartment building (4 stories) and because of the office building use, It
`is worth noting that the existing R40 Zoning District currently allows by special use permit a
`"Residential Facility, Independent Living" which includes "a facility approved by the State of NY
`which is designed for residents over the age of 55 years and/or disabled residents to live without
`assistance," The goal of the project is to provide independent senior apartments at market rates to
`serve the population of seniors in the Town who would like to or need to live in such housing.
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`Town of Guilderland
`
`December 27, 2017
`Page 2 of 2
`
`The benefits to the Town of considering the PUD consist of the following:
`
`is
`1) The conditions and limits to be placed on the PUD will ensure that the proposal
`consistent with the surrounding community character and will provide a transitional
`use between the existing apartments and retail uses located along NYS Route 155, as
`well as the school uses located across that road, and the single family residential uses
`located to the back of the golf course,
`
`2) The PUD will protect open space in the Town and provide a public connection or
`"walkway" to other areas of the Town such as the YMCA property. The PUD proposes
`to establish a separate parcel of land containing 23,7 +/- acres (see drawing) which will
`be transferred to the Town of Guilderland for recreational purposes. After the
`construction of the proposed senior apartments and office building, there will still be
`79% open space,
`
`3) The PUD will enable the intersection which provides access to the school property
`is the Applicant's
`It
`the warrants for a traffic signal.
`to meet
`across the street
`understanding that both the school and the Town would prefer the intersection have a
`traffic signal with pedestrian amenities. Although senior housing generates less traffic
`off-peak than other forms of residential traffic, the traffic provided should be sufficient
`to meet the NYSDOT warrants for the traffic signal, The Applicant will pay for the
`signal as part of the public benefit for the project in addition to donating the 23.7+/-
`acres of land to the Town for recreational purposes.
`
`The Town has a thorough process for the review of a request for PUD designation. The
`attached application by Hershberg and Hershberg is offered in support of that request. It is also
`worth noting that the site has public water and sewer available for the project. The project has been
`designed to avoid all streams and wetlands, as well as to comply with the Town's angle of repose
`requirements. The project will also be designed to comply with the Town and New York State
`Department of Environmental Conservation storm water pollution prevention plan requirements,
`
`We look forward to making a presentation to the Town Board on the proposed PUD and to
`having the Town Board refer the proposed request to the Town Planning Board,
`
`If you have any questions regarding the project, please do not hesitate to contact Dan
`Hershberg or me,
`
`ery tptaly yours.
`
`Terresa M. Bakner
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`Attachment
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`I:
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`4824-201 1-0169, v 4
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`13 of 654
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`Hiawatha Trails
`Legal Description of Lands to be rezoned
`
`ALL that parcel of
`
`land situate in the Town of Guilderland, County of
`
`Albany, State of New York bounded and described as follows:
`
`BEGINNING at a point
`
`in the northwesterly right of way of State Farm
`
`Road (Voorheesville-State Farm-Western Turnpike, S.H. 1928) also known as
`
`NYS Route 155 said line being noted as the "1931 R.O.W." on plans dated
`
`1/2001, at its intersection with the northeast line of a parcel of land conveyed by
`
`Gail M. Acker to New York Library Association by deed dated December 17,
`
`2008 and recorded in the Office of the Clerk of Albany County in Book 2943 at
`
`Page 67;
`
`THENCE along the existing property line of lands herein described by the
`
`following five (5) courses:
`
`1 . N.34°-38'-48" W. and running along the northeast line of lands formerly
`
`of Gail M. Acker for a distance of 412 feet, more or less;
`
`2. S.54°-22'-30" W. and running along the northwest line of lands formerly
`
`of Gail M. Acker for a distance of 160 feet, more or less;
`
`3. N.35°-37'-30" W. for a distance of 677 feet, more or less;
`
`4. N.34°-16'-14" E. for a distance of 1,132 feet, more or less;
`
`5. S.54°-59'-32" E. for a distance of 1,948 feet, more or less to a point in
`
`the northwesterly right of way of State Farm Road (Voorheesville-State
`
`Farm-Western Turnpike, S.H. 1928) also known as NYS Route 155
`
`said line being noted as the "1931 R.O.W. ";
`
`THENCE along the northwesterly right of way of State Farm Road
`
`(Voorheesville-State Farm-Western Turnpike, S.H. 1928) by the following
`
`six (6) courses:
`
`1 . S.64°-42'-35" W. for a distance of 266 feet, more or less;
`
`2. S.74°-08'-21" W. for a distance of 302 feet, more or less;
`
`3. S.69°-53'-27" W. for a distance of 100 feet, more or less;
`
`4. S.71°-21'-36" W. for a distance of 313 feet, more or less;
`
`5. S.63°-57'-1 1 " W. for a distance of 494 feet, more or less;
`
`1
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`6. S.58°-16'-07" W. for a distance of 128 feet, more or less to the POINT
`
`AND PLACE OF BEGINNING.
`
`SUBJECT to all easements, restrictions or rights-of-way of record.
`
`SUBJECT to whatever an accurate field survey will show.
`
`CONTAINING 43.8 acres of land, more or less.
`
`File: docs/DAN/201 701 92LD.doc
`By: DRH
`Date: December 27, 2017
`
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`:
`
`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`TOWN OF GUILDERJLAND
`APPLICATION FOR CHAGE OF ZONE
`
`APPLICANT INFORMATION
`Name: RDC Equities, Att: Ira Mark Dean
`Address:
`t 56 W 45th Street 12th Floor, NY
`
`State: NY
`
`zip:
`
`Phone: 212-634-3965
`
`PARCEL INFORMATION
`Address and exact location of parcel to be rezoned: 6051 & 6025 State Farm Road
`Request zoning change from RO 40
`Tax Map#
`to
`Total Acreage: 4R R +/- An Parcel Depth: 1 ROD +/- Ft
`Road Frontage:
`
`PROPERTY INFORMATION
`Describe any existing structures on the property:
`
`Describe the present use of the property: A golf course and a single family residence
`
`Describe the proposed use of property if the rezoning is granted: Senior Housing Apartments and a General
`Office Building^ (cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`_(cid:9) _ (cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`
`NEIGHBORHOOD DESCRIPTION
`Zoning classification of all adjoining parcels:
`East: TH, RO 40
`North: R15. RQ40
`
`South: Road
`
`West: R15, RO 40
`
`Zoning classification of ail parcels directly on opposite side of street or highway: RO 40, MR
`
`Character and use of all surrounding parcels:
`North.'Adj0ined by single family residences
`
`East:
`
`Adjoined by developed apartment site
`
`South: State Farm Road; opposite side is lands of Guilderland
`School (school & offices); MR zone with apartments
`West: Adjoined by a Child Care Facility and single family .
`residences
`Approximate distance to nearest parcel of different zoning classification indicating exact location,
`zoning, character and use of last mentioned parcel: TH adjoins parcel on the, R1 5 adjoins parcel on the west and north
`
`SUBMISSION REQUIRMENTS
`This application must be accompanied by 8 copies of a plot plan containing all the information as outlined
`on the instruction sheet, a legal description of the property, and a State Environmental Review short form.
`The application shall be submitted to the Town Clerk.
`
`The applicant hereby certifies that s/be is the owner of the above property or has been duly authorized, m
`writing by the owner of record to make this application.
`
`Date:
`
`Daniel R.
`
`niei R.
`
`Digitally signed by Da
`Hershberg.PE.SLS.
`.
`.
`.
`,
`_
`DN:cn=DanielRHershbefg.P.E.&L5.,
`J~"j0fSnDSrQ P . t. & o=Henhberg & Henhberg, ou--Managing
`Partner, emall^danghhershberg com.
`cHiS
`
`L.S.
`
`pate: 2017-13.2809:36:41 -OS'OO'
`
`Signature of Applicant
`
`Engineer for the Aplicant
`
`16 of 654
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`Full Environmental Assessment Form
`Part 1 - Project and Setting
`
`Instructions for Completing Part 1
`
`Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding,
`are subject to public review, and may be subject to further verification.
`
`Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to
`any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist,
`or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to
`update or fully develop that information.
`
`In Sections C, D & E, most items contain an initial question that
`Applicants/sponsors must complete all items in Sections A & B.
`must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub-questions that follow. If the
`answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any
`additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in
`Part
`lis accurate and complete.
`
`8
`
`II
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`iNI
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`A. Project and Sponsor Information.
`
`Name of Action or Project:
`
`Hiawatha Senior Apartments and Hiawatha Office Building
`
`Project Location (describe, and attach a general location map):
`
`6051 State Farm Road (Tax Map Parcel 51 .00-1-13.2 & Tax Map Parcel 51.00-1-13.1) and 6025 State Farm Road (Tax Map Parcel 51.00-1-14
`
`Brief Description of Proposed Action (include purpose or need):
`
`The Applicant requests PUD approval and a lot line adjustment revising the site into three new parcels to be used as follows: One parcel for Phase 1-
`Senior Apartments will be 16,81 acres. This will house in 4 story buildings a 256 +/- unit senior 1 & 2 bedroom apartments, a one story clubhouse building,
`an outdoor pool, 104 garage parking spaces and 214 surface parking spaces or 1.24 parking spaces per unit . An additional 99 parking spaces are
`banked which will only be built if required providing 1.64 parking spaces per unit. An area to accommodate a 2 story 30,000 SF mixed use office building
`will be established on a 6.28 acre parcel. This has been provided with 150 surface parking spaces pending a determination of the tenants. The balance of
`the site (20.7 acres) will be dedicated to the Town of Guilderland. for recreational use
`
`Name of Applicant/Sponsor:
`
`Hiawatha Land Development, LLC
`
`Att: Ira Mark Dean
`
`Telephone: 212-634-3965
`
`E-Mail:
`
`mark@rdcequities.com
`
`Address:
`
`t 56 W 45th Street 12th Floor
`
`City,- PO.
`
`|\jeWYork
`
`State:
`
`NY
`
`Zip Code:
`
`10010
`
`Project Contact (if not same as sponsor; give name and title/role):
`
`Telephone: 518-459-3096
`
`Daniel R. Hershberg, P.E. & L.S.
`
`Address:
`
`Hershberg & Hershberg, 18 Locust Street
`
`C ity PO:
`
`Albany
`
`E-Mail: dan@hhershberg.com
`
`State:
`
`New York
`
`Zip Code:
`
`12203
`
`Property Owner (if not same as sponsor):
`
`Telephone: 518-456-9512
`
`Goeffrey & Michele VanEpps & Hiawatha Trails, LLC
`
`Address:
`
`6051 State Farm Road
`
`City/PO:
`
`Guiilderland
`
`E-Mail:
`
`State:
`
`NY
`
`Zip Code:
`'12084
`
`Page 1 of 13
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`FILED: ALBANY COUNTY CLERK 07/26/2019 01:43 PM
`NYSCEF DOC. NO. 39
`
`INDEX NO. 903531-19
`
`RECEIVED NYSCEF: 07/26/2019
`
`B. Government Approvals
`
`B, Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial
`assistance.)
`
`Government Entity
`
`If Yes: Identify Agency and Approval(s)
`Require